High Court rejected bail application of accused facing IPC and POCSO charges. Court noted victim specifically alleged petitioner forced her for prostitution. Bail denied; trial expedited.
Bail application rejected; trial directed to be expedited.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11275/2022
Lakhan Singh @ Lakhan Banna S/o Shri Harisingh, Aged About 43 Years, R/o Balwas Tehsil Parbatsar Nagaur At Present B-54 Om Colony Saraswati Nagar Basani Pratham Fase Jodhpur (At Present Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. C.S. Rajpurohit For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
08/12/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.266/2021 of Police Station Kudi Bhagtasani, Jodhpur for the offence punishable under Sections 376, 376(2)(n), 406, 323, 341, 384 of IPC and Sections 3/4, 5/6 of POCSO Act.
Learned counsel for the petitioner submits that victim has been examined before the trial Court as PW-1 and according to her statement, no allegation of committing rape has been levelled against the present petitioner. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accusedpetitioner.
Learned Public Prosecutor has opposed the prayer for bail.
(2 of 2)
[CRLMB-11275/2022]
I have considered the arguments advanced before me and carefully gone through the record.
According to the statement of victim(PW-1), specific allegation has been levelled by the victim against the present petitioner that he took money from the people and used to force her for prostitution, therefore, this Court is not inclined to grant benefit of bail to the petitioner.
In the above circumstances, the bail application filed by the petitioner is hereby rejected.
However, trial Court is directed to expedite the trial.
(MANOJ KUMAR GARG),J
28-raksha/-
2 issues framed by the court
Whether bail should be granted in a case involving offences under IPC and POCSO where the victim levels specific allegations of procuring prostitution.
Whether the trial should be expedited before the High Court.
Lakhan Singh @ Lakhan Banna
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
