Rajaram S/O Shambhudayal @ ... vs State Of Rajasthan
2021 Latest Caselaw 2592 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                9860/2021

Rajaram S/o Shambhudayal @ Shambhulal, Aged About 28
Years, R/o House No. 36 Rohilli Meena Basti Vill. Karwar Ps Itawa
Dist. Kota Raj. (At Present Dist. Jail Baran)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Ram Avtar Sharma present in the Court 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.17/2021 was registered at Police Station Shahabad,

Baran for offence under Sections 363, 366-A, 342, 376DA I.P.C.

and Sections 3 & 4 of POCSO Act.

3. It is contended by counsel for the petitioner that there is no

allegation against the petitioner with regard to rape. Charge-sheet

has been filed. Conclusion of trial will take time.

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

is contended that prosecutrix is a fifteen years old girl, who was

taken away by the petitioner and co-accused and petitioner forced

the prosecutrix to stay as wife of co-accused. It is also contended

(2 of 2) [CRLMB-9860/2021]

that prosecutrix has stated that she was raped by brother of

petitioner and that she became pregnant. It is argued that

prosecutrix is a child and in her statement recorded under Section

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

against co-accused and the case would fall under the category of

gang rape.

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 /36

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