Omprakash vs State
2021 Latest Caselaw 3127 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 8697/2020

Omprakash S/o Bherulal, Aged About 31 Years, R/o Nandwai, Police Station Parsoli, District Chittorgarh. (Presently Lodged At District Jail, Chittorgarh).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Pankaj Kumar Gupta For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/02/2021

Heard learned counsel for the parties and perused

the material available on record.

Learned counsel for the petitioner has submitted that

allegation of sexually assaulting sister-in-law of the

complainant, levelled against the petitioner, is absolutely

false. It is argued that the complainant (PW-1), in her

statements, has specifically stated that she does not

know the person, who had sexually assaulted her sister-

in-law and she has named him on the information given

by one Rameshwar. It is further submitted that there is

enmity between families of both the parties and on

account of that, the petitioner has falsely been implicated

in this case. It is, thus, prayed that the petitioner may be

enlarged on bail.

(2 of 2) [CRLMB-8697/2020]

Per contra, learned Public Prosecutor has opposed

the bail application and submitted that from the

statements of complainant (PW-1) and other prosecution

witnesses, it is clear that it was the petitioner, who had

sexually assaulted a physically challenged girl while found

her alone in the house. Learned Public Prosecutor, thus,

prayed that the petitioner is not entitled to be enlarged

on bail.

Having regard to the overall facts and circumstances

of the case, I am not inclined to enlarge the petitioner on

bail.

Hence, this second bail application is dismissed.

(VIJAY BISHNOI),J

11-msrathore/-

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