Ashok Kumar S/O Ramprasad vs State Of Rajasthan
2021 Latest Caselaw 3234 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Bail Application No.
                              11329/2021

Ashok Kumar S/o Ramprasad, R/o Dhipri Chambal Ps Khatoli
Dist. Kota Raj. (At Present Confined At Central Jail Kota)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Petitioner(s) : Mr. Abdul Rahim Khan with Mr. Rishu Jain For Respondent(s) : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

28/07/2021

1. Petitioner has filed this bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 153/2019 was registered at Police Station Khatoli

Kota, for offence under Section 363 of I.P.C.

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

instigated the petitioner to take her away. It is also contended that

petitioner is unmarried and intended to marry the prosecutrix. It is

further contended that prosecutrix is having live fetus.

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

is contended that petitioner is aged 37 years and prosecutrix is a

child aged 16 years. Consent of child is immaterial. It is also

contended that due to petitioner, the prosecutrix has become

pregnant.

(2 of 2) [CRLMB-11329/2021]

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.

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

application after recording the statement of prosecutrix in Court.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /82

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