Deepak S/O Jivan Ram vs State Of Rajasthan
2021 Latest Caselaw 1696 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                 2552/2021

Deepak S/o Jivan Ram, R/o House No. 471 Katputli Nagar
Kuchchi Basti Bhawani Singh Road Ps Jyoti Nagar Jaipur (At
Present Confined In Central Jail Jaipur)
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent

For Petitioner(s) : Mr. Mohd. Umar Farooq, through Vc For State : Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

16/02/2021

1. Petitioner has filed this second bail application under Section

439 Cr.P.C.

2. F.I.R. No.128/2020 was registered at Police Station Jyoti

Nagar, Jaipur for offence under Sections 376(1), 313 I.P.C. and

Section 3/4 of POCSO Act.

3. It is contended by counsel for the petitioner that there is no

record with regard to age of prosecutrix. It is not established that

she is a child.

4. Learned Public Prosecutor has opposed the second bail

application. It is contended that prosecutrix is a fifteen year old

girl and in her statement recorded under Section 164 Cr.P.C. she

has specifically levelled allegation with regard to rape against the

present petitioner.

(2 of 2) [CRLMB-2552/2021]

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),J

NIKHIL KR. YADAV /52

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