Phool Chand Gurjar S/O Kanhaiya ... vs State Of Rajasthan
2021 Latest Caselaw 82 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                               12923/2020

Phool Chand Gurjar S/o Kanhaiya Lal, R/o Village Budadeet,
Tehsil Degode, District Kota (Rajasthan) (At Present Confined In
Judicial Custody At Central Jail, Kota.)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                 ----Respondent

For Petitioner(s) : Mr. Kaleem Ahamed Khan through VC For Respondent(s) : Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

06/01/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.54/2020 was registered at Police Station Borkheda,

Kota for offence under Sections 363, 366 I.P.C.

3. It is contended by counsel for the petitioner that age of

prosecutrix is not established.

4. Learned Public Prosecutor has opposed the bail application.

It is contended that from the school record, age of prosecutrix is

sixteen years. In her statement recorded under Section 164

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

petitioner.

5. I have considered the contentions.

(2 of 2) [CRLMB-12923/2020]

6. Considering the contentions put forth by counsel for the

State, 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 of the statement of prosecutrix in the

Court.

(PANKAJ BHANDARI),J

ARTI SHARMA /37

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