Basram Chaudhary Alias Karan ... vs The State Of Rajasthan
2021 Latest Caselaw 2507 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                9124/2021

Basram Chaudhary Alias Karan Chaudhary Son Of Shri Kishanlal
Chaudhary, Resident Of Chotiyon Ka Mohalla, Village Kurad Police
Station Pachewar District Tonk. At Present In Central Jail, Jaipur.
                                                                        ----Petitioner
                                    Versus
The State Of Rajasthan, Through The Pp.
                                                                      ----Respondent

For Petitioner(s) : Mr. Harendra Singh through VC For Complainant(s) : Mr. Vivek Goyal through VC For State : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

29/06/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.346/2020 was registered at Police Station

Mansarovar, Jaipur for offence under Sections 363, 366 I.P.C.

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

variance in the statement of the prosecutrix recorded before the

Magistrate under Section 164 Cr.P.C., before the police under

Section 161 Cr.P.C. and before the Court. It is also contended that

there is variance in the date of commission of the offence.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. It is contended that prosecutrix

is a young girl, aged fifteen years. Mentioning of wrong date of the

(2 of 2) [CRLMB-9124/2021]

offence cannot be made a ground for granting bail, where in the

Court statement prosecutrix has specifically alleged that petitioner

has committed rape with her.

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.

(PANKAJ BHANDARI),J

ARTI SHARMA /25

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