Narayan Singh S/O Narvar Singh vs State Of Rajasthan
2022 Latest Caselaw 4921 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                 4171/2022

1.       Narayan Singh S/o Narvar Singh, R/o Arukhedi, P.s.
         Pagaria, Dist. Jhalawar (Raj.)
2.       Pappu Singh S/o Mangilal, R/o Arukhedi, P.s. Pagaria,
         Dist. Jhalawar (Raj.) (Both Accused-Applicants At Present
         Confined In Dist. Jail Jhalawar (Raj.)
                                                                   ----Petitioners
                                     Versus
State Of Rajasthan, Through Public Prosecutor
                                                                  ----Respondent

For Petitioner(s) : Mr. Manish Parihar For Respondent(s) : Mr. Laxman Meena, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

19/07/2022

1. Petitioners have filed this second bail application under

Section 439 Cr.P.C.

2. F.I.R. No.45/2020 was registered at Police Station Pagaria,

District Jhalawar for offence under Section 363 I.P.C.

3. It is contended by counsel for the petitioners that the victim

has not sustained any injury and the DNA Report is not conclusive

of the fact that the petitioners were involved in the commission of

the offence.

4. Learned Public Prosecutor has opposed the second bail

application. It is contended that the prosecutrix is a young girl,

aged fourteen years, who was forcefully taken away by the

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petitioners alongwith the other co-accused and was subjected to

gang rape.

5. I have considered the contentions and have perused the

statement of the prosecutrix recorded before the Court.

6. From perusal of the statement of prosecutrix recorded before

the Court, it is evident that she has specifically stated that the

petitioners along with Govind Lal took her to the jungle and

committed rape with her. Hence, looking to the statement of

victim, I am not inclined to entertain the second bail application.

7. This second bail application is, accordingly, dismissed.

8. Trial Court is directed to expedite the disposal of the case.

(PANKAJ BHANDARI),J ARTI SHARMA /39

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