In this bail application, the petitioner challenged his confinement in a POCSO case involving alleged rape. The High Court, noting the prosecutrix is a child and a DNA match exists, declined to entertain the application and dismissed it.
The bail application is dismissed and not entertained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9223/2021
Asif Son Of Shri Sultan, Aged About 25 Years, Near Gogamedi Temple, Khiroad Police Station Navalgarh District, Jhunjhunu (Raj.) ( At Present Accused Confined In Central Jail Sikar).
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. Riyasat Ali, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
26/07/2021
(2 of 2)
[CRLMB-9223/2021]
petitioner. It is also contended that the DNA profile of petitioner
and prosecutrix also matches.
(PANKAJ BHANDARI),J
NIKHIL KR. YADAV /7
1 issue framed by the court
Whether the bail application under Section 439 Cr.P.C. should be entertained and allowed considering the allegations of rape and DNA match against the petitioner in a POCSO case.
Colour shows how this judgement treated each authority
-Referred
3 provisions across 3 enactments
Asif Son Of Shri Sultan
State Of Rajasthan
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
