Gaurang Nalwaya S/O Narendra ... vs State Of Rajasthan
2021 Latest Caselaw 2591 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                 9972/2021

Gaurang Nalwaya S/o Narendra Kumar Nalwaya, Aged About 32
Years, R/o 3-B Mahaveer Colony Shastri Road Bhupalpura Ps
Surajpual Udaipur At Present Residing At Flat No. 203 Naman
Residency -2 Radha Kunj Ps Muhana Jaipur Presently Working As
Coach (Tennis) Sms Stadium Jaipur @ Petitioner In J.c. Jaipur
Central Jail
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent

For Petitioner(s) : Dr. Abhinav Sharma through VC For Respondent(s) : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

05/07/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.129/2021 was registered at Police Station Jyoti

Nagar Jaipur for offence under Section 376 I.P.C. and Sections 3 &

4 of POCSO Act.

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

is nearing the age of majority. Whatever transpired between the

two was consensual act. Charge-sheet has been filed. Conclusion

of trial will take time.

4. Learned Public Prosecutor has opposed the bail application. It

is contended that petitioner is a Tennis Coach who took the

(2 of 2) [CRLMB-9972/2021]

prosecutrix, who happens to be a child, for the tournament. He

had sexual relationship with her at different places. It is also

contended that consent of a minor has no relevance as far as

POCSO Act is concerned.

5. I have considered the contentions.

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 /41

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