Criminal Procedure Code, 1973
Section 439—Bail—Sexual assault to minor—Crime registered for offences punishable under Sections 377, 363, 343, 289, 323, 324, 504, 506, 143, 145 & 149 of IPC read with Section 4 of the POCSO Act—After going through the FIR and allegations made in the FIR against the applicant coupled with the material collected during investigation, prima facie nothing is brought on record to show that there was any sexual intent—Case is of physical and mental torture meted out to the minor victims in the background that applicant and other co-accused have considered them as thieves—Charge-sheet has been filed and applicant is in jail from last more than three years—Further custody of applicant is not necessary—Bail granted.
[Paras 6 & 7]