VISHVENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed by the petitioner under Section 439 CrPC seeking regular bail in FIR No. 4/2019 registered at Police Station, Hindaun, Distt. Karauli for the offence under Sections 354 , 354A , 354D IPC and Section 11 of Prevention of Children from Sexual Offences Act, 2012

(2.) Learned counsel for the petitioner has submitted that the accused petitioner is innocent and he has been falsely implicated in this matter. He further submits that the alleged offence is triable by a Magistrate. The offences under Sections 354A and 354D IPC are bailable except Section 354 IPC. The petitioner is in judicial custody since 6.2.2020 i.e. for the last about 3 1/2 months, whereas the maximum punishment under Section 11 of the POCSO Act is for 3 years. He further submits that after the completion of investigation, challan has already been filed. No other case is pending against the petitioner, hence he may be enlarged on bail.

(3.) Learned PP appearing for the State and the counsel for the complainant have opposed the same. They submit that there are serious allegations against the petitioner and prima facie the police found the offence under Sections 354 , 354A , 354D , 384 , 506 IPC and Section 11/12 of POCSO Act and Section 66 E of IT Act to have been made out against the petitioner. Hence he should not be granted bail.