Devendra @ Deva S/O Shri Rajendra vs State Of Rajasthan
2021 Latest Caselaw 2223 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Criminal Appeal No. 283/2021

Devendra @ Deva S/o Shri Rajendra, Aged About 31 Years, R/o
Uvar, Police Station Udhyog Nagar, District Bharatpur (Raj)
(Currently In Judicial Custory At Central Jail Sewar, Bharatpur)
                                                                  ----Appellant
                                  Versus
1.     State Of Rajasthan, Through Pp
2.     Manoj Kumar S/o Late Ramswaroop, R/o Tufani Mohalla,
       Kotwali, Bharatpur
                                                               ----Respondents

For Appellant(s) : Mr. Rajesh Kumar Sain for Mr. Nikhlesh Katara For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

09/03/2021

1. Appellant has preferred this appeal aggrieved by order dated

02.02.2021 passed by Special Judge POCSO Cases No.1

Bharatpur, whereby, bail application filed by the appellant under

Section 439 Cr.P.C. was rejected.

2. F.I.R. No.412/2019 was registered at Police Station Kotwali,

Bharatpur for offence under Sections 365, 376, 511 I.P.C.,

Sections 7 & 8 of POCSO Act and Section 3(1)(XII) of SC/ST Act.

3. It is contended by counsel for the appellant that matter

pertains to attempt to commit the offence of rape.

4. Learned Public Prosecutor has opposed the appeal. It is

contended that there is specific allegation against the appellant of

(2 of 2) [CRLAS-283/2021]

picking up a five year old girl and taking to the railway pool. It is

also contended that appellant attempted to commit the offence of

rape with a small child. It is further contended that appellant has

criminal antecedents of like nature.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

State, I am not inclined to entertain to allow the appeal.

7. Accordingly, this Criminal Appeal is dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /49

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