Rajasthan High Court - Jodhpur
Jitendra Singh vs State Of Rajasthan on 4 June, 2021
Bench: Sandeep Mehta Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5290/2021
Jitendra Singh S/o Bhanwar Singh, Aged About 22 Years,
Bhadva, Tehsil Parbatsar, District Nagaur. (At Present Lodged In
Sub Jail, Merta City).
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Bhopal Singh Choudhary (through
VC)
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Aidan Choudhary (through VC)
HON'BLE MR. JUSTICE SANDEEP MEHTA (VACATION JUDGE)
Judgment
04/06/2021
This is a second bail application filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in relation to
FIR No.91/2020, Police Station Parbatsar, District Nagaur for
offences under Sections 363, 366, 376(2)(n), 376(3) of the IPC
and Section 5(1)(6) of POCSO Act.
The first bail application filed by the petitioner was rejected
by this Court vide order dated 15.02.2021 giving him liberty to file
a fresh bail application after recording of the evidence of the
victim by the trial court. Now the statement of the victim Mst. 'S'
has been recorded by the trial court on 23.03.2021, whereafter
this second bail application has been moved.
Learned counsel Shri Choudhary representing the petitioner
vehemently and fervently contended that the entire prosecution
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case is false and fabricated. The story set forth in the testimony of
the victim is unbelievable. She has alleged that five persons i.e.,
the petitioner, Monu Singh, Shivraj Sigh, Nanu Singh and Chain
Singh forcibly kidnapped her and took her away in a car. She
became unconscious because some intoxicating inhalant was
administered to her. When she regained consciousness, she found
herself on terrace of a house. She requested the accused to send
her back to her home. The accused threatened her that they had
taken her indecent pictures and would upload it on internet. She
alleged that Chain Singh pushed her and overpowered her. She
was given something to drink due to which, she became
unconscious. When she regained consciousness, she found that
she was at the police station Parbatsar alongwith her father. She
alleged that while she kept on the terrace of the house, all the five
accused persons subjected her to rape.
It may be mentioned her that the police did not file charge-
sheet against the accused persons named by the prosecutrix other
than the petitioner herein. The prosecutrix was confronted with
her two previous statements recorded during investigation, i.e.,
one under Section 161 Cr.P.C. and other under Section 164 Cr.P.C.
A bare perusal of these two statements indicate that there are
serious contradictions in the two versions vis-a-vis the sworn
testimony of the victm. In the statement recorded under Section
164 Cr.P.C. (Ex.P/4), she did not clearly allege that any of the
accused persons subjected her to sexual assault.
In this background and having regard to the overall facts and
circumstances of the case as available on record, this Court is
inclined to extend indulgence of bail to the accused petitioner.
Accordingly, the bail application is allowed and it is directed that
(3 of 3) [CRLMB-5290/2021]
the accused-petitioner Jitendra Singh S/o Shri Bhanwar Singh
arrested in connection with the F.I.R. No.91/2020 registered at
Police Station Parbatsar, District Nagaur shall be released on bail
provided he furnishes a personal bond of Rs.50,000/- and two
surety bonds of Rs.25,000/- each to the satisfaction of the learned
trial court with the stipulation to appear before that Court on all
dates of hearing and as and when called upon to do so.
(SANDEEP MEHTA), VJ
9-Sudhir Asopa/-
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