HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Second Bail Application No.
8612/2021
Anil Kumar S/o Late Shri Ram Lakhan, Aged About 24 Years, R/o
Vill. Sunaripura Ps Kotwali Laharpur Dist. Sitapur U.p. At Present
R/o Rewadmal Meena Ka Makan Vill. Uadak Papad Near Malhotra
Nagar Vishavkarma Ps Vishavkarma Jaipur Raj. (Presently
Confined In Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pramod Kumar Sharma, through VC For State : Mr. Sher Singh Mahla, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI (V.J.) Judgment / Order 10/06/2021
1. Petitioner has filed this second bail application under Section 439 Cr.P.C.
2. F.I.R. No.31/2020 was registered at Police Station Vishavakarma, District Jaipur for offence under Section 376 I.P.C. and Sections 3/4 of POCSO Act.
3. It is contended by counsel for the petitioner that petitioner has remained in custody for a period of fifteen months. From the statement of the prosecutrix, it is not revealed that rape was committed.
4. Learned Public Prosecutor has opposed the second bail application. It is contended that prosecutrix is a child. As per the (Downloaded on 11/06/2021 at 08:35:58 PM) (2 of 2) [CRLMB-8612/2021] medical report, her age is between 15 to 17 years and so, as per the Act her age is considered to be 15 years. She has stated in her statement that the act was forcefully committed upon her and she was threatened.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the State, I am not inclined to entertain the second bail application.
7. This second bail application is, accordingly, dismissed.
(PANKAJ BHANDARI (V.J.)),J NIKHIL KR. YADAV /4 (Downloaded on 11/06/2021 at 08:35:58 PM) Powered by TCPDF (www.tcpdf.org)