Nikki Meghwal S/O Shri Bholaram vs State Of Rajasthan
2021 Latest Caselaw 1713 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                1502/2021

Nikki Meghwal S/o Shri Bholaram, Aged About 20 Years, R/o
Khuri Ps Atru Dist. Baran At Present In Dist. Jail Baran
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Harendra Singh through VC For Respondent(s) : Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

16/02/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.201/2020 was registered at Police Station Atru

Baran for offence under Sections 363 I.P.C.

3. It is contended by counsel for the petitioner that statement

of prosecutrix has variance and is also declared hostile. In one

statement, she has mentioned that she was raped at Kota,

however in another statement, she has mentioned that she was

raped at Indore. It is also contended that police has filed charge-

sheet only against the present petitioner.

4. Learned Public Prosecutor has opposed the bail application.

It is contended that in the Court statement, she has specifically

levelled allegation with regard to rape against the petitioner.

(2 of 2) [CRLMB-1502/2021]

Proseuctrix is a young girl aged sixteen years. For variance in

statement, it can not be made a ground for grant of bail.

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.

(PANKAJ BHANDARI),J

ARTI SHARMA /41

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