Prakash vs State Of Rajasthan
2021 Latest Caselaw 4914 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Fourth Bail Application No. 2666/2021

Prakash S/o Nagji, Aged About 25 Years, R/o Niththya Gameti, Fall, Police Station Niththya, District Dungarpur (Raj.). (At Present Lodged In District Jail Pratapgarh).

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Laxman Bishnoi For Respondent(s) : Mr. Vikram Sharma, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

22/02/2021

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.02/2016 of Police

Station Parsola, District Pratapgarh for the offences punishable

under Sections 363, 366 and 376 IPC and Section 3/4 of POCSO

Act. He has preferred this fourth bail application under Section

439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner is in custody since long and trial of the case will take

time.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, particularly the statements of the prosecution

(2 of 2) [CRLMB-2666/2021]

witnesses recorded till date 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 fourth bail application preferred by the

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

It is noticed that the trial against the petitioner is pending

since 2017, hence, it is expected that the trial court shall expedite

the trial.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.99

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