Rajasthan High Court
Hansraj S/O Beerma vs State Of Rajasthan on 10 January, 2023
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9869/2022
Hansraj S/o Beerma, Aged About 29 Years, R/o Dehdu Ka
Nayagaon, Pnanchayat Rajkot, P.s. Dooni, District Tonk,
Rajasthan ( Presently Confined At District Jail Tonk)
----Accused-Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Niraj Pal Singh Yadav
For Respondent(s) : Mr. Mahendra Meena, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
10/01/2023
The present bail application has been filed under Section 439
Cr.P.C. The petitioner has been arrested in connection with FIR
No.78/2021 registered at Police Station Dooni, District Tonk for
the offence(s) under Section(s) 363, 366, 366-A IPC and later on
for offence(s) under Section(s) 363, 366, 344, 346, 376(3),
376(2)(n) IPC and Sections 3/4, 5(L)/6 of the POCSO Act.
Learned counsel for the petitioner submits that he has falsely
been implicated in this case. Inviting attention of this Court
towards the statement of the prosecutrix recorded under Section
161 Cr.P.C. as also under Section 164 Cr.P.C., learned counsel
submits that physical relationship between her and the petitioner
were established with her consent. With regard to age of the
prosecutrix, learned counsel for the petitioner, drawing attention
of this Court towards the statements of S/Shri Shiv Singh Rajput
(PW-1), Mahaveer (PW-11) & Smt. Santosh (PW-12),
Headmaster, father and mother of the prosecutrix respectively,
(2 of 2) [CRLMB-9869/2022]
would submit that her age reflected in the school record is not
creditworthy. He, therefore, prayed for his release on bail. Learned
counsel places reliance upon the judgment of the Hon'ble
Supreme Court of India in case of Satpal Singh Vs. State of
Haryana, 2010 (8) SCC 714, in support of his submission.
Learned Public Prosecutor has opposed the bail application.
Heard. Considered.
There is consistent allegation against the petitioner of
subjecting the prosecutrix, a minor girl of 14 years of age as per
school record, to rape. The allegation has been reiterated by the
prosecutrix in her Court statement as PW-3. The contentions
raised by the learned counsel for the petitioner are subject matter
of trial and cannot be appreciated by this Court at the time of
consideration of bail application. Even otherwise also, as per the
documents placed on record along with memo of bail application,
statements of 18 prosecution witnesses were already recorded by
04.06.2022. Learned counsel for the petitioner is not in a position
to state about the present status of trial which appears to be at its
fag end.
In view of the aforesaid as also the nature and gravity of
allegation against the petitioner; but, without expressing any
opinion on the merits of the case, this Court is not inclined to
extend the petitioner benefit of bail.
The bail application is dismissed accordingly.
(MAHENDAR KUMAR GOYAL),J
Sudha/03
Powered by TCPDF (www.tcpdf.org)
