JUDGEMENT
PUSHPENDRA SINGH BHATI, J. -
(1.) In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.
This Court perused the material available on record.
(2.) The petitioner has been arrested in connection with FIR No.237/2020 of Police Station Khinvsar, District Nagaur for the offences punishable under Sections 452, 354, 354-A, 354-D, 376(2)(N) and 376DA of IPC and Sections 7/8 and 5(G)(L)/6 of POCSO Act. He has preferred this third bail application under Section 439 Cr.P.C.
(3.) Learned counsel for the petitioner has drawn the attention of this Court towards the order dated 05.04.2021 passed by this Hon'ble Court in the matter of Omaram Vs. State of Rajasthan (S.B. Criminal Misc. Bail Application No.4117/2021). Para No.3 of the said order reads as under:
'The petitioner has been charge sheeted in this case for the above offences. The prosecutrix Mst.'L' has been examined on Oath as PW-1 at the trial. She levelled allegation of forcible sexual assault against Poonaram only and totally exonerated the petitioner and one more accused Sagar Pareek. She refused to identify these accused persons in the Court.' ;
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