Jeetraj Son Of Ramkhiladi C/O Moti ... vs The State Of Rajasthan
2021 Latest Caselaw 3195 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                8964/2021

Jeetraj Son Of Ramkhiladi C/o Moti Lal, Aged About 32 Years,
Resident Of Bardala, Police Station Nadoti, District Karauli (Raj.)
(At Present In Sub Jail Hindaun City, Karauli)
                                                                   ----Petitioner
                                    Versus
The State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Petitioner(s) : Mr. Vikram Singh Chauhan through vc For Complainant(s) : Mr. Mudit Singh present in the Court For State : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

27/07/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.078/2021 was registered at Police Station Nadoti,

District Karauli (Raj.) for offence under Sections 452, 376 I.P.C.

and Sections 3 & 4 of POCSO Act.

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

is a major girl. Petitioner has remained in custody for a period of

five months.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. It is contended that prosecutrix

was having fever and she was at her home. Prosecutrix in her

statement recorded under Section 164 Cr.P.C. has alleged that

(2 of 2) [CRLMB-8964/2021]

petitioner entered her house, locked the room from inside and

forcefully committed rape with her. It is also contended that in the

medical examination, there is abrasion of mucosa on lower portion

of vagina and there is oozing of blood present at site of injury.

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, petitioner would be free to move fresh bail

application after recording of the statement of prosecutrix in the

Court.

(PANKAJ BHANDARI),J

ARTI SHARMA /12

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