[email protected] S/O Babu ... vs State Of Rajasthan
2021 Latest Caselaw 1776 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                1436/2021

[email protected] S/o Babu Lal, Aged About 24 Years, R/o
Katawar Police Thana Mothpur Baran Dist. Baran (At Present
Confined In Dist. Jail Baran)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through The Pp
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Asgar Khan
For Respondent(s)         :     Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

17/02/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.08/2021 was registered at Police Station Mothpur

District Baran for offence under Sections 363, 366, 342, 354(B)

I.P.C. and Sections 7 & 8 of POCSO Act.

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

delay in lodging of the F.I.R. The alleged incident is stated to have

taken place in the center place of the village.

4. Learned Public Prosecutor has opposed the bail application.

It is contended that petitioner has committed offence with a child,

aged ten years, hence delay in filing of the F.I.R. cannot be made

a ground to grant bail. It is also contended that prosecutrix in her

statement made before the Magistrate has levelled allegation

(2 of 2) [CRLMB-1436/2021]

against the present petitioner.

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 /46

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