High Court dismissed bail application in rape and POC SO case citing gravity of allegations. Court directed trial court to record prosecutrix statement on priority before considering renewal of bail.
Petitioner at liberty to renew bail prayer after recording statement of prosecutrix.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11607/2022
Balram Son Of Gobrilal, Aged About 23 Years, Resident Of Jhadota, Police Station Mothpur, Distt. Baran (Raj.) ( At Present Confined At Dist. Jail Baran)
----Petitioner
Versus
State Of Rajasthan, Through P.p
----Respondent For Petitioner(s) : Mr. Rahul Tiwari For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
16/11/2022
The present bail application under Section 439 Cr.P.C. has been filed on behalf of petitioner in connection with FIR No.30/2022 registered at Police Station Sadar Baran, District Baran for the offences punishable under Sections 363, 376(D), 376(2)(n) of IPC and Sections 5(L)(G)/6 of POCSO Act.
Counsel for the petitioner submits that as per the statement of the prosecutrix recorded under Section 164 Cr.P.C., she was in love with the petitioner. Counsel submits that the allegations of rape are not corroborated from the medical report of the prosecutrix. Counsel submits that the petitioner has been falsely booked in this case and he is in custody from the date of his arrest. Counsel submits that after investigation, charge-sheet has already been filed and trial will take its own time to conclude. So, indulgence of bail be granted to the petitioner.
(2 of 2)
[CRLMB-11607/2022]
Per contra, learned PP opposed the bail application.
Looking to the gravity of the matter and the allegations levelled against the petitioner by the prosecutrix in her statement recorded under Section 164 Cr.P.C., I do not find it a fit case to enlarge the petitioner on bail.
Accordingly, the bail application filed by the petitioner stands dismissed.
The trial Court is directed to record the statement of the prosecutrix on priority as a first witness. The petitioner would be at liberty to renew his prayer for bail after recording the statement of prosecutrix.
(ANOOP KUMAR DHAND),J
HEENA GANDHI /22
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. in a case involving offences under IPC Sections 363, 376(D), 376(2)(n) and POCSO Act Section 6.
Whether the absence of corroboration in the medical report entitles the petitioner to bail given the gravity of the allegations.
3 provisions across 3 enactments
Balram Son Of Gobrilal
State Of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
