HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
9860/2021
Rajaram S/o Shambhudayal @ Shambhulal, Aged About 28
Years, R/o House No. 36 Rohilli Meena Basti Vill. Karwar Ps Itawa
Dist. Kota Raj. (At Present Dist. Jail Baran)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ram Avtar Sharma present in the Court For Respondent(s) : Mr. Mangal Singh Saini, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 05/07/2021
1. Petitioner has filed this bail application under Section 439 Cr.P.C.
2. F.I.R. No.17/2021 was registered at Police Station Shahabad, Baran for offence under Sections 363, 366-A, 342, 376DA I.P.C. and Sections 3 & 4 of POCSO Act.
3. It is contended by counsel for the petitioner that there is no allegation against the petitioner with regard to rape. Charge-sheet has been filed. Conclusion of trial will take time.
4. Learned Public Prosecutor has opposed the bail application. It is contended that prosecutrix is a fifteen years old girl, who was taken away by the petitioner and co-accused and petitioner forced the prosecutrix to stay as wife of co-accused. It is also contended (Downloaded on 07/07/2021 at 09:38:12 PM) (2 of 2) [CRLMB-9860/2021] that prosecutrix has stated that she was raped by brother of petitioner and that she became pregnant. It is argued that prosecutrix is a child and in her statement recorded under Section 164 Cr.P.C. also she has levelled allegation with regard to rape against co-accused and the case would fall under the category of gang rape.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the State, I am not inclined to entertain the bail application.
7. This bail application is, accordingly, dismissed.
8. However, petitioner would be free to move fresh bail application after recording of the statement of prosecutrix in the Court (PANKAJ BHANDARI),J ARTI SHARMA /36 (Downloaded on 07/07/2021 at 09:38:12 PM) Powered by TCPDF (www.tcpdf.org)