Phool Chand Gurjar S/O Kanhaiya ... vs State Of Rajasthan
2022 Latest Caselaw 3878 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Miscellaneous III Bail Application No. 3304/2022

Phool Chand Gurjar S/o Kanhaiya Lal, R/o Village Budadeet
Tehsil Degode District Kota Raj. (At Present Confined In Central
Jail Kota).
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through P.P.
                                                                  ----Respondent

For Petitioner(s) : Mr. Vijay Kumar Jangid For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

17/05/2022

1. Petitioner has filed this third bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 54/2020 registered at Police Station Borkheda,

Kota for offence under Sections 363 & 366 of I.P.C.

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

petitioner has remained in custody for a period of about more than

two years. Statement of Mohan Singh Rathore (PW-7) has been

recorded. It is contended that Mohan Singh Rathore (PW-7) was

not the Principal of the school. He was a temporary employee and

he could not depose before the Court. It is also contended that

this Court in "Mahendra vs. State of Rajasthan" (S.B. Criminal

Appeal No.1207/2016) decided on 04.06.2019, had quashed the

judgment of conviction on the ground of discrepancy in the age of

the prosecutrix.

                                                                           (2 of 2)                   [CRLMB-3304/2022]


                                   4.    Learned   Public     Prosecutor         has     opposed     the   third   bail

                                   application.

5. I have considered the contentions and have perused the

record.

6. This Court had rejected S.B. Criminal Miscellaneous Second

Bail Application No.10536/2021 on 11.08.2021, after considering

the statement of the prosecutrix recorded before the Court below.

7. From perusal of the record submitted before this Court which

includes the Scholar Register & Admission Form, it is revealed that

the year of birth of prosecutrix is mentioned as 2004. However,

the present incident took place in the month of February, 2020

and as per the record submitted, prosecutrix was aged 16 years

on the date of the alleged incident.

8. The above cited judgment "Mahendra vs. State of Rajasthan"

(supra) cannot have any applicability in the facts of the present

case, as the matter is still at the stage of trial and prosecutrix

who is a young girl aged 16 years has deposed against the

present petitioner.

9. In view of the above, Criminal Miscellaneous Third Bail

Application is accordingly dismissed.

(PANKAJ BHANDARI),J

AMIT KUMAR /5

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