Nitin S/O Shri Subhash vs State Of Rajasthan
2021 Latest Caselaw 2921 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Bail Application No.
                               10059/2021

Nitin S/o Shri Subhash, R/o Vill. Bhonawas Ps Pragpura Dist.
Jaipur Raj. (Presently The Accused Petitioner Is In Jail Jaipur)
                                                                        ----Petitioner
                                    Versus
State Of Rajasthan, Through The Pp
                                                                      ----Respondent

For Petitioner(s)         :     Mr. Manish Gupta
For Complainant(s)        :     Mr. Ram Rakh Sharma
For State                 :     Mr. Riyasat Ali, PP



          HON'BLE MR. JUSTICE PANKAJ BHANDARI

                          Judgment / Order

14/07/2021

1. Defect/s pointed out by the registry is/are waived.

2. Petitioner has filed this bail application under Section

439 of Cr.P.C.

3. F.I.R. No. 341/2020 was registered at Police Station

Pragpura, Jaipur for offence under Sections 365 & 376-D of I.P.C.

4. It is contended by counsel for the petitioner that there is an

inordinate delay in lodging of FIR. Police has come to the

conclusion that offence under Section 363 & 366-A of IPC and

Section 11/12 of POCSO Act is made out. However, Police has not

come to the conclusion that offence of gang rape is made out.

5. Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. It is contended that as per the

(2 of 2) [CRLMB-10059/2021]

school record prosecutrix is 15 years old girl. It is also contended

that in her statement recorded under Section 164 Cr.P.C., she has

specifically levelled allegation of rape against the present

petitioner. It is also contended that police has joined hands with

accused after recording of the statement under Section 164.

Under garments of prosecutrix were recovered after two months.

Under garments of the accused were also recovered after an

inordinate delay and on the basis of FSL report police has arrived

at a wrong conclusion.

6. I have considered the contentions.

7. Considering the contentions put forth by counsel for the

State and counsel for the complainant, I 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 /35

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