Anil Kumar S/O Late Shri Ram Lakhan vs State Of Rajasthan
2021 Latest Caselaw 2406 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                8612/2021

Anil Kumar S/o Late Shri Ram Lakhan, Aged About 24 Years, R/o
Vill. Sunaripura Ps Kotwali Laharpur Dist. Sitapur U.p. At Present
R/o Rewadmal Meena Ka Makan Vill. Uadak Papad Near Malhotra
Nagar Vishavkarma Ps Vishavkarma Jaipur Raj. (Presently
Confined In Central Jail Jaipur)
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent

For Petitioner(s) : Mr. Pramod Kumar Sharma, through VC For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI (V.J.)

Judgment / Order

10/06/2021

1. Petitioner has filed this second bail application under Section

439 Cr.P.C.

2. F.I.R. No.31/2020 was registered at Police Station

Vishavakarma, District Jaipur for offence under Section 376 I.P.C.

and Sections 3/4 of POCSO Act.

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

has remained in custody for a period of fifteen months. From the

statement of the prosecutrix, it is not revealed that rape was

committed.

4. Learned Public Prosecutor has opposed the second bail

application. It is contended that prosecutrix is a child. As per the

(2 of 2) [CRLMB-8612/2021]

medical report, her age is between 15 to 17 years and so, as per

the Act her age is considered to be 15 years. She has stated in her

statement that the act was forcefully committed upon her and she

was threatened.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

State, I am not inclined to entertain the second bail application.

7. This second bail application is, accordingly, dismissed.

(PANKAJ BHANDARI (V.J.)),J

NIKHIL KR. YADAV /4

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