Citation : 2021 Latest Caselaw 2410 Raj
Judgement Date : 28 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 5th Bail Application No. 13516/2020
Manoj Kumar @ Monu S/o Shri Yaswant, Aged About 27 Years, By Caste Brahmin, R/o Gali No. 1, Shiv Colony, S.s.b. Road, Sri Ganganagar. (At Present Lodged In Central Jail Sri Ganganagar).
----Petitioner Versus State, Through P.p.
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
28/01/2021
Heard.
Learned counsel for the petitioner has submitted that
the aunt of minor victim (PW-4) has been examined
before the trial court and from her evidence, it is clear
that the petitioner has falsely been implicated in this
case. It is, thus, prayed that the petitioner may be
enlarged on bail.
Per contra, learned Public Prosecutor has opposed
the bail application and submitted that allegation against
the petitioner is to the effect that he had sexually
assaulted a four years' minor girl on the pretext of giving
her sweets. It is further submitted that PW-4, in her
evidence, has reiterated the allegations levelled against
the petitioner during her police investigation. It is also
submitted by the learned Public Prosecutor that the
(2 of 2) [CRLMB-13516/2020]
petitioner is guilty of commission of heinous crime. It is,
thus, submitted that the petitioner is not entitled to be
enlarged on bail.
Having regard to the overall facts and circumstances
of the case, without commenting on the merits of the
case, I am not inclined to enlarge the petitioner on bail.
Accordingly, this fifth bail application is dismissed.
(VIJAY BISHNOI),J
21-msrathore/-
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