Asif Son Of Shri Sultan vs State Of Rajasthan
2021 Latest Caselaw 3161 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Bail Application No.
                               9223/2021

Asif Son Of Shri Sultan, Aged About 25 Years, Near Gogamedi
Temple, Khiroad Police Station Navalgarh District, Jhunjhunu
(Raj.) ( At Present Accused Confined In Central Jail Sikar).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                ----Respondent

For Petitioner(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

26/07/2021

1. Petitioner has filed this bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 611/2019 was registered at Police Station Udyog

Nagar, District Sikar for offence under Sections 143, 363, 365,

384, 376-D of I.P.C. and Section 5(G)/6 of POCSO Act.

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

delay of two weeks in lodging of FIR. Prosecutrix in the FIR and in

her statement recorded under Section 161 Cr.P.C., has levelled

allegation against the two persons, however, later on, she levelled

allegation against co-accused.

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

is contended that prosecutrix is a child. In her Court statement,

she has levelled allegation with regard to rape against the

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petitioner. It is also contended that the DNA profile of petitioner

and prosecutrix also matches.

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.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /7

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