The High Court of Rajasthan dismissed a third bail application filed by the accused in a rape case. The bench observed that the prosecutrix supported the prosecution case and that there was no change in facts, thus refusing bail without expressing opinion on merits.
The third bail application under Section 439 Cr.P.C was dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 2274/2022
Pankaj Kumar S/o Sri Ramesh, R/o Ward No. 24 Rajpura Mohalla Pilani Ps Pilani Dist. Jhunjhunu Raj. (At Present Confined In Distt. Jail Jhunjhunu)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Rishi Raj Singh Rathore For Respondent(s) : Mr. Rajendra Yadav, GA-cum-AAG
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
21/03/2022
This third bail application has been filed under Section 439 Cr.P.C in connection with FIR No.80.2018 registered at Police Station Pilani, District Jhunjhunu for the offence under Section 376 of IPC.
Learned counsel for the petitioner submits that second bail application was dismissed by the Hon’ble Court and now, all important witnesses have been examined. The petitioner is behind the bars for last four years. Counsel further submits that in the light of examination of prosecution witnesses, it appears that no case under Section 376 of IPC is made out against the petitioner. Hence, the petitioner may kindly be released on bail.
Learned Government Advocate-cum-Additional Advocate General has opposed the third bail application.
Heard. Perused the material available on the record.
(2 of 2) [CRLMB-2274/2022]
During trial, statement of the prosecutrix was recorded on 31.10.2018 as PW-2. Second bail application of the petitioner was dismissed by the coordinate Bench of this Court on 06.08.2020 and as per that order, the prosecutrix had supported the prosecution case with regard to allegations levelled by her regarding commission of offence of rape by the petitioner, since then, there is no change in facts and circumstances of the case. Therefore, looking to the above facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, I deem it not proper to enlarge the petitioner on bail.
Accordingly, the third bail application of the petitioner under Section 439 Cr.P.C. is dismissed.
(CHANDRA KUMAR SONGARA),J
Satyendra/16
1 issue framed by the court
Whether the petitioner is entitled to bail after repeated dismissals of bail applications and examination of prosecution witnesses.
1 provisions across 1 enactments
Pankaj Kumar
State Of Rajasthan
Chandra Kumar Songara
As recorded by the court registry
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