Budihal R.B, J.:— This petition is filed by the petitioner-accused under Section 439 of Cr. P.C seeking his release on bail of the offences punishable under Sections 376 of IPC registered in respondent-Police Station Crime No. 28/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner-accused and also the learned HCGP appearing for the respondent-State.
3. Learned counsel for the petitioner has submitted that though the alleged offence is said to have taken place on 16.07.2016 but the complaint is lodged on 09.12.2016 and hence, there is considerable delay in filing the complaint and there is no proper explanation regarding delay. He has also submitted that since from the date of arrest, petitioner is in custody. There is no prima-facie material against the petitioner. Hence, submitted that by imposing any conditions, petitioner may be enlarged on bail.
4. Per contra, learned HCGP has submitted that matter is still under investigation and at this stage petitioner is not entitled to be released on bail.
5. I have perused the grounds urged in the bail petition, FIR, complaint, so also, the order passed by the learned Sessions Judge rejecting the bail application.
6. As submitted, that the matter is still under investigation and hence, it is not proper at this stage to consider this petition and to enlarge him on bail. Hence, petition is disposed of with the liberty to the petitioner to approach the concerned Court after completion of investigation and filing of charge sheet.
7. All contentions of the petitioner are kept open.