Imran S/O Habib Kha vs State Of Rajasthan
2021 Latest Caselaw 495 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Bail Application No.
                              15806/2020

Imran S/o Habib Kha, Aged About 21 Years, R/o Punani Gram
Panchayat Dhanani Tehsil Laxmangarh Ps Nechhwa Dist. Sikar
Raj. (At Present In Dist. Jail Sikar)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 15807/2020 Arshad S/o Nawab Kha, Aged About 24 Years, R/o Punani Gram Panchayat Dhanani Tehsil Laxmangarh Ps Nechhwa Dist. Sikar Raj. (At Present In Dist. Jail Sikar)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. K.K. Bhinda with Mr. Babu Lal Nasuna For Complainant(s) : Mr. Deepak soni For State Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

20/01/2021

1. Petitioners have filed these bail applications under Section

439 of Cr.P.C.

2. F.I.R. No. 99/2020 was registered at Police Station Nechhwa

(Sikar) for offence under Sections 363, 376, 376-D of I.P.C. and

Section 3/4, 5 (L)/6 of POCSO Act.

                                                                             (2 of 2)                     [CRLMB-15806/2020]


                                   3.    It   is   contended         by     counsels       for     the   petitioners     that

petitioners are not involved in the offence of rape. Co-accused

Aadil took away the girl and when his vehicle was stuck, he

contacted the present petitioners.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. It is contended that prosecutrix

in her statement recorded under Section 164 Cr.P.C. has

specifically levelled allegation against the present petitioners and

Aadil of catching hold of her and committing rape. She also

received injuries, which are established from the injury report. It

is also contended that police has filed charge-sheet under the

POCSO Act.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

State and counsel for the complainant, I am not inclined to

entertain these bail applications.

7. Accordingly, these Criminal Misc. Bail Applications are

dismissed.

8. A copy of this order be placed in connected file.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /95-96

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