SANDEEP MEHTA,J. - (1.) Heard learned counsel for the parties. Perused the material available on the record.
(2.) The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.92/2015, registered at Police Station Mahila Thana, District Pratapgarh for the offences under Sections 458 & 376 of the IPC, Section 3/4 of the POCSO Act and Section 3(1)(xii) of the SC/ST Act.
(3.) Learned counsel for the petitioner submits that the allegations as set out against the petitioner in the charge -sheet are totally false and concocted. The petitioner had earlier, lodged an FIR against the father of the complainant and being enraged thereby, the FIR was got registered against the petitioner with totally false allegations after more than one month of the alleged incident through a private complaint. Drawing the Court's attention to the statement of Mst. 'K' recorded under Section 164 Cr.P.C., learned counsel contends that the victim, did not allege that the petitioner subjected her to rape. All that is stated by her in the statement is that the petitioner fell on top of her. He thus prays that the petitioner deserves to be released on bail.;