Rakesh Kumar Saini S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 3704 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                    4237/2022

Rakesh Kumar Saini S/o Shri Kanhaiya Lal Saini, Aged About 22
Years, R/o Chouhanji Wali Dhani, Ward No. 18, Shahpura, Dist.
Jaipur. (At Present Confined In Dist. Jail Jaipur)
                                                                        ----Petitioner
                                        Versus
State Of Rajasthan, Through Public Prosecutor
                                                                     ----Respondent

For Petitioner(s) : Mr. Ravindra Kumar Paliwal For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

11/05/2022

1. Petitioner has filed this second bail application under Section

439 Cr.P.C.

2. F.I.R. No.48/2020 was registered at Police Station Virat

Nagar, District Jaipur Rral for offence under Sections 363 & 366-A

I.P.C.

3. It is contended by counsel for the petitioner that petitioner is

a young boy, aged twenty two years. As per school record, there

was a change in the date of birth of prosecutrix and from the

statement of mother of the victim, it is evident that prosecutrix

was nearing age of majority at the time of the commission of the

offence. It is also contended that prosecutrix is married.

Conclusion of trial will take time. It is further contended that

petitioner has remained in custody for more than two years.

(2 of 2) [CRLMB-4237/2022]

4. Learned Public Prosecutor has opposed the second bail

application.

5. I have considered the contentions and have perused the

statement of prosecutrix.

6. Date of birth as mentioned in the school record was 1993

which was obviously wrong, therefore, correction was sought in

the date of birth of prosecutrix and the date of birth was corrected

as 01.01.2004. This was done prior to the commission of the

alleged offence, hence, there is no reason to disbelieve date of

birth mentioned in the school record. Prosecutor has levelled

specific allegation of rape against the present petitioner in her

Court statement. Considering the fact that at the time of alleged

offence, as per the school record, prosecutrix was below the age

of sixteen years, hence, I am not inclined to entertain the second

bail application.

7. Accordingly, present Criminal Misc. Second Bail Application is

dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /42

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