Gopal Ram S/O Shri Mohar Singh vs State Of Rajasthan
2021 Latest Caselaw 3147 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                10870/2021

1.         Gopal Ram S/o Shri Mohar Singh, R/o Ward No. 04 Dhani
           Dahar Kee Tan Bilwa Ps Khetri Dist. Jhunjhunu Raj. (At
           Present In Sub Jail Khetri Dist. Jhunjhunu)
2.         Sunder @ Jai Singh S/o Shri Mohan Singh, R/o Ward No.
           04 Dhani Dahar Kee Tan Bilwa Ps Khetri Dist. Jhunjhunu
           Raj. (At Present In Sub Jail Khetri Dist. Jhunjhunu)
                                                                   ----Petitioners
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent

For Petitioner(s) : Mr. Mahendra Singh Gurjar For Complainant(s) : Mr. Rajendra Kumar Saini For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

26/07/2021

1. Petitioners have filed this bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 218/2021 was registered at Police Station Khetri,

District Jhunjhunu for offence under Sections 366, 376-D & 34 of

I.P.C.

3. It is contended by counsel for the petitioners that charge-

sheet has been filed. From the investigation done by the police, it

is revealed that petitioner went till Neem Ka Thana and thereafter,

he returned. The allegation against the petitioner is that his

vehicle was used for abducting the prosecutrix.

(2 of 2) [CRLMB-10870/2021]

4. Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. It is contended that it is a case

of gang rape. Statement of prosecutrix has been recorded under

Section 164 Cr.P.C., wherein she has levelled allegation against the

four persons of committing rape with her and petitioner's name is

also included in her statement.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

State and counsel for the complainant, I am not inclined to

entertain the bail application.

7. This bail application is accordingly, dismissed.

8. However, petitioners would be free to move fresh bail

application after recording the statement of prosecutrix in Court.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /77

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