Dharmaram vs State Of Rajasthan
2021 Latest Caselaw 15319 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11019/2021

Dharmaram S/o Shri Pitharam, Aged About 21 Years, B/c Garasiya, R/o Jhamar Tehsil, Abu Road, Dist. Sirohi.

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr Vimal Chhangani For Respondent(s) : Mr Mahipal Bishnoi, Public Prosecutor

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Judgment / Order

01/10/2021

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner who is in custody in connection

with F.I.R. No.334/2020 Police Station Abu Road, District Sirohi for

the offences under Sections 363, 366, 376(D) IPC and Section

5(G)/6 of the POCSO Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that there is

contradiction regarding age of the prosecutrix. The petitioner and

the prosecutrix belong to Garasiya community. The prosecutrix

went with the petitioner four times. The prosecutrix made

contradictory statements before the Police. There was consensual

relation between the parties. No force has been used against the

prosecutrix. Since the controversy could not be solved by Caste

(2 of 2) [CRLMB-11019/2021]

Panchayat of the community, present FIR has been lodged with

false allegations.

Learned Public Prosecutor opposes the bail application. He

contended that in this case, as per prosecution story, two accused

committed the offence of rape with the prosecutrix. The co-

accused Runa Ram was juvenile, hence, his case was dealt with

under the provisions of Juvenile Justice (Care and Protection of

Children) Act 2015.

Having regard to the rival contentions of the parties and the

material available on the record, in the facts & circumstances,

particularly looking to fact that there is allegation of rape against

more than one accused and the prosecutrix has already been

examined during the trial as PW1, who made statement against

the present petitioner, this Court considers it not a fit case for

allowing bail to the petitioner. The bail is disallowed.

(RAMESHWAR VYAS),J

30-MMA/-

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