Dismissed

Vikas Choudhary S/O Late Prithvi Singh Choudhary v. the State of Rajasthan

Rajasthan HC16 Nov 2021CRLMB/13419/2021

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed a second bail application filed by Vikas Choudhary, charged with offences under the POCSO Act and IPC involving rape of a minor. Noting the gravity of the offence and the prosecutrix's support for the prosecution, the court held it was not a fit case for bail.

What did the court decide?

The second bail application is dismissed; the petitioner shall not be enlarged on bail.

Vikas Choudhary S/O Late Prithvi Singh… — Child Sexual Offences (POCSO) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 13419/2021

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Vikas Choudhary S/o Late Prithvi Singh Choudhary, R/o Vill. Pera Via Nijampura Nangar Choudhary Haryana Presently R/o F-157 Vaishali Nagar Jaipur Raj. (Presently Lodged In Central Jail At Jaipur)

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----Petitioner

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Versus

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The State Of Rajasthan, Through Pp

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	----Respondent
For Petitioner(s)	: Mr. Suresh Kumar Sahni, Adv. Mr. Ram Mohan Sharma, Adv.
For Respondent(s)	: Mr. Sanjeev Kumar Mahala, PP Mr. Pyare Lal, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

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16/11/2021

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The second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.444/2016 Registered at Police Station Vaishali Nagar, Jaipur for the offence(s) under Sections 323, 342 IPC, Section 3([k/4) POCSO Act and in alternate Section 376 IPC, Section 5(M)/6 POCSO Act and further in alternate Section 376-d [k IPC, Section 5(N)/6 POCSO Act and further in alternate Section 376-x IPC, Section 5(L)/6 POCSO Act and further in alternate Section 376(2) (N) IPC and Section 498-A IPC.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is behind the bars for more than one year. Learned counsel for the petitioner also submits that first application filed by the petitioner was withdrawn with liberty to file the fresh application after framing of charges.

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(2 of 2)

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[CRLMB-13419/2021]

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Learned counsel for the petitioner also submits that statement of the prosecutrix was recorded by the trial court on 12.11.2021. Learned counsel for the petitioner also submits that petitioner is practicing advocate and complainant is petitioner’s second wife. Learned counsel for the petitioner also submits that complainant wants to grab the residence owned by the petitioner’s widow mother. So, she has used her minor daughter as an instrument to achieve her desire. Learned counsel for the petitioner also submits that statement of the prosecutrix was recorded by the trial court, she had not narrated specific date and time of the incidents happened with her. Conclusion of trial may take long time. So, the petitioner be enlarged on bail.

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Learned Public Prosecutor as well as learned counsel for the complainant have opposed the arguments advanced by learned counsel for the petitioner and submitted that prosecutrix has fully supported the prosecution story. Allegation against the petitioner is that petitioner had raped her minor step daughter. So, looking to the gravity offence, the bail application filed by the petitioner be dismissed.

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I have considered the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor and learned counsel for the complainant.

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Prosecutrix in her statement clearly supported the story of prosecution. So, on account of gravity of offence, I do not consider it a fit case to enlarge the petitioner on bail.

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Hence, the second bail application is dismissed.

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(NARENDRA SINGH DHADDHA),J

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Jatin /23

Vikas Choudhary S/O Late Prithvi Singh Choudhary v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vikas Choudhary S/O Late Prithvi Singh Choudhary v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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