Shankar Lal vs State
2022 Latest Caselaw 5779 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4086/2022

Shankar Lal S/o Shri Mohan Lal, Aged About 20 Years, R/o Dediya Ka Bas, Minda, Tehsil Nawa, Police Station Maroth, District Nagaur (Raj.) (At Present Lodged In Sub Jail, Merta)

----Petitioner Versus

1. State, Through Pp

2. Madan Lal S/o Shri Mangu Ram, R/o Dediya Ka Bas, Minda, Nawa City, Maroth, District Nagaur (Raj.)

----Respondents

For Petitioner(s) : Mr. OP Joshi For Respondent(s) : Mr. Javed Gauri PP Mr. Sachin Saraswat for complainant

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

20/04/2022

The petitioner has been arrested in connection with FIR

No.14/2022 of Police Station Maroth, District Nagaur for the

offences punishable under Sections 342, 323, 376(3), 366, 376(2)

(F), 376DA & 506 of IPC and under Sections 5(G)/L & 11/12 of the

Protection of Children from Sexual Offence. He has preferred this

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that a false FIR

has been lodged against the petitioner. It is submitted that

according to the medical report of the prosecutrix, no physical

injury was found on her body and the hymen was also intact.

Counsel referred to judgment of Jaipur Bench of this Court in the

case of Lakhan S/o Shri Dhlilal vs. State of Rajasthan (S.B.

(2 of 2) [CRLMB-4086/2022]

Criminal Misc. Bail Application NO.250/2022), in which bail was

granted to the petitioner. In these circumstances, since accused-

petitioner is in judicial custody and the trial of the case will take

sufficient long time, therefore, the benefit of bail should be

granted to the accused-petitioner.

Learned Public Prosecutor as well as counsel for the

complainant vehemently opposed the bail application. Counsel for

the complainant submits that prosecutrix is only fourteen years

and six month of age and specific allegation for committing rape

has been leveled against the petitioner as well as co-accused.

Counsel referred to judgment of Hon'ble Apex Court in the case of

Aman Kumar and Ors. vs. State of Haryana.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the material available on record.

Having regard to the totality of the facts and circumstances

of the case and considering the age of the prosecutrix who is only

14 years of age and she has leveled specific allegation of

committing rape against the petitioner and co-accused, I am not

inclined to grant bail to the petitioner, hence this bail application is

rejected. However, liberty is granted to the petitioner to file fresh

bail application after recording the statement of prosecutrix.

The trial court is directed to record the statement of the

prosecutrix at the earliest.

(MANOJ KUMAR GARG),J 31-Samvedana/-

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