HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
8994/2021
Deepak Alias Golu Son Of Hariprasad, Resident Of Baswada, P.s.
Lakheri, District - Bundi (Accused Is Confined At Bundi- Jail)
----Petitioner
Versus
The State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Manish K. Sharma For State : Mr. Sher Singh Mahla, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 05/07/2021
1. Petitioner has filed this bail application under Section 439 of Cr.P.C.
2. F.I.R. No.207/2020 was registered at Police Station Lakheri, District Bundi for offences under Section 376(3) IPC, Section 3/4 of POCSO Act and Sections 3(1)(w) and 3(2)(v) of SC/ST Act.
3. It is contended by counsel for the petitioner that the complainant Gordhan has given an affidavit that he has filed the FIR under pressure of members of the society and that rape has not been committed by the petitioner.
4. Learned Public Prosecutor has opposed the bail application. It is contended that prosecutrix is a fourteen year old girl and in her statement recorded under Section 164 Cr.P.C., she has levelled allegation with regard to rape against the petitioner. (Downloaded on 07/07/2021 at 09:37:21 PM)
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5. I have considered the contentions.
6. Affidavit of the complainant cannot be taken into
consideration at this stage when the statement of the victim-girl recorded under Section 164 Cr.P.C. is on record and she has levelled allegation of rape against the petitioner.
7. Considering the contentions put forth by counsel for the State, I am not inclined to entertain the bail application.
8. This bail application is accordingly, dismissed.
9. However, petitioner is free to move fresh bail application after recording the statement of the prosecutrix in Court.
(PANKAJ BHANDARI),J NIKHIL KR. YADAV /7 (Downloaded on 07/07/2021 at 09:37:21 PM) Powered by TCPDF (www.tcpdf.org)