Ranjeet Singh vs State
2021 Latest Caselaw 2691 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13412/2020

Ranjeet Singh S/o Shri Dara Singh, Aged About 22 Years, By Caste Mazbi Sikh, R/o 2 Bswum (Baruwala), Sri Ganganagar, Tehsil And District Sriganganagar. (Lodged In Central Jail Sriganganagar).

----Petitioner Versus State of Raj., Through P.P.

----Respondent

For Petitioner(s) : Mr. Bhanwar Singh Sankhla For Respondent(s) : Mr. Mukhtiar Khan, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment / Order

01/02/2021

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.49/2020, Police Station Sameza Kothi,

District Sri Ganganagar, registered for the offence under Sections

323, 341, 376[2] [L], 450 of the Indian Penal Code and Section

5[K][I]/6 of POCSO Act.

Heard and considered the arguments advanced by the

learned counsel for the petitioner and learned Public Prosecutor.

Perused the material available on record.

As per Learned counsel for the petitioner, F.I.R. was lodged

after a delay of 12 days; due to enmity between father of victim

and accused-petiitoner for theft of electricity, petitioner has falsely

been implicated in this case. Learned counsel for the petitioner

further stated that while reading FIR and statement of prosecutrix

(2 of 2) [CRLMB-13412/2020]

'R' recorded under Section 161 and 164 Cr.P.C., there is difference

and improvement in these statements; accused-petitioner is

behind the bars since nine months. With these submissions,

learned counsel for the petitioner prayed that the benefit of bail

may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently

opposed the bail application of the accused-petitioner and stated

that victim is 16 years old deaf and dumb girl and she has

supported the story of prosecution and statement recorded under

Section 161 and 164 Cr.P.C.

After thoughtful consideration of arguments advanced by

both the sides and looking to the facts and circumstances of the

case, particularly the statement of victim 'R' recorded under

Section 164 Cr.P.C., therefore, without expressing any opinion on

the merits/demerits of the case, I do not find it a fit case to grant

benefit of bail to the accused-petiitoner, at this stage.

Accordingly, the bail application filed by the accused-

petiitoner under section 439 Cr.P.C. is rejected.

(DEVENDRA KACHHAWAHA),J

9-amit/-

Powered by TCPDF (www.tcpdf.org)