- (1.) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on 20.02.2020 arising out of Burtolla Police Station Case No.175 of 2014, Special POCSO Case No.13 of 2014 under Sections 344, 366A, 370, 372, 120B of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, alternatively section 376 of the Indian Penal Code.
(2.) And In the matter of:- The petitioner has sought for bail taking the ground of long incarceration after disputing with the defects in the charge together with the authority to prosecute against the accused/petitioner by the prosecuting agency. Learned advocate, Mr. Prahladka appearing for the petitioner submits that when the wife of the petitioner is now on bail, the petitioner being the husband should be released on bail extending the benefit of parity.
(3.) Learned advocate for the State raises objection against the prayer for bail submitting that the trial of this case is expected to be finished very shortly and in the meantime out of 20 witnesses, cited in the chargesheet, 14 witnesses have been examined and next date is fixed on 20th March, 2020. She submits further that prosecution is yet to collect evidence of two witnesses and hopefully these two witnesses will be examined on the next date fixed.;