Lokesh @ Badal S/O Shri Deviram vs State Of Rajasthan
2021 Latest Caselaw 728 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Bail Application No.
                              11033/2020

Lokesh @ Badal S/o Shri Deviram, Aged About 25 Years, R/o
Weir Ps Weir Tehsil Weir Dist. Bharatpur Raj. (At Present In
Central Jail Bhartpur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Petitioner(s) : Mr. Vijay Punia For Complainant(s) : Mr. Ved Prakash Saini For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

25/01/2021

1. Petitioner has filed this bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 337/2019 was registered at Police Station Weir,

District Bharatpur for offence under Section 363 of I.P.C.

3. It is contended by counsel for the petitioner that in the

statement under Section 161 Cr.P.C., prosecutrix has stated that

she left her home due to ill-treatment by her family members.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. It is contended that the

proseuctrix is a child and in her statement recorded under Section

164 Cr.P.C., she has levelled allegation with regard to rape against

the petitioner.

(2 of 2) [CRLMB-11033/2020]

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 the bail application.

7. This bail application is accordingly, dismissed.

8. However, petitioner would be free to move fresh bail

application after recording the statement of the proseuctrix in

Court.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /1

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