Deepak Alias Golu Son Of ... vs The State Of Rajasthan
2021 Latest Caselaw 2599 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                8994/2021

Deepak Alias Golu Son Of Hariprasad, Resident Of Baswada, P.s.
Lakheri, District - Bundi (Accused Is Confined At Bundi- Jail)
                                                                   ----Petitioner
                                    Versus
The State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Petitioner(s) : Mr. Manish K. Sharma For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

05/07/2021

1. Petitioner has filed this bail application under Section 439 of

Cr.P.C.

2. F.I.R. No.207/2020 was registered at Police Station Lakheri,

District Bundi for offences under Section 376(3) IPC, Section 3/4

of POCSO Act and Sections 3(1)(w) and 3(2)(v) of SC/ST Act.

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

complainant Gordhan has given an affidavit that he has filed the

FIR under pressure of members of the society and that rape has

not been committed by the petitioner.

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

is contended that prosecutrix is a fourteen year old girl and in her

statement recorded under Section 164 Cr.P.C., she has levelled

allegation with regard to rape against the petitioner.

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                                   5.    I have considered the contentions.


                                   6.    Affidavit       of    the      complainant           cannot      be   taken   into

consideration at this stage when the statement of the victim-girl

recorded under Section 164 Cr.P.C. is on record and she has

levelled allegation of rape against the petitioner.

7. Considering the contentions put forth by counsel for the

State, I am not inclined to entertain the bail application.

8. This bail application is accordingly, dismissed.

9. However, petitioner is free to move fresh bail application

after recording the statement of the prosecutrix in Court.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /7

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