Bhojraj vs State
2021 Latest Caselaw 3145 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Third Bail Application No. 6386/2020

Bhojraj S/o Jaswant, Aged About 19 Years, By Caste Meghwal, R/o Village Parlika, Tehsil Nohar, District Hanumangarh. (Presently Lodged At District Jail Hanumangarh).

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. S.D. Goswami For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/02/2021

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner has been arrested in FIR No.70/2019 of Police

Station Gogamedi, District Hanumangarh for the offences

punishable under Sections 377 and 34 IPC and Sections 5 and 6 of

POCSO Act, 2012. He has preferred this third bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of unnatural sexual assault upon a

minor victim is absolutely false. It is further submitted that the

place where the alleged incident took place is an open place and it

is difficult to comprehend that the petitioner sexually assaulted a

minor victim in an open place. It is also submitted that the

(2 of 2) [CRLMB-6386/2020]

petitioner is in custody since more than two years and trial of the

case will take time.

Learned Public Prosecutor has opposed the bail application

and submitted that from the Medical Examination Report and the

statement of the concerned doctor, who examined the minor

victim, it is clear that the allegation of sexual assault upon victim

is substantiated. It is further submitted that the (PW-2) minor

victim in his court statements has reiterated the allegations

levelled in the complaint.

Having regard to the totality of the facts and circumstances

of the case and looking to the nature of accusation and gravity of

the offence, without expressing any opinion on the merits of the

case, I am not inclined to grant bail under Section 439 Cr.P.C. to

the petitioner.

Accordingly, this third bail application preferred by the

petitioner under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.2

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