Dismissed

Naresh Kumar Meena S/O Shri Kishanlal v. State of Rajasthan

Rajasthan HC3 Aug 2022CRLMB/5456/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan bench at Jaipur dismissed the third bail application of the petitioner accused of rape under IPC and POCSO Act. The court held that despite co-accused bail and trial delays, the gravity of the offence involving a minor prosecutrix made it an unfit case for bail.

What did the court decide?

Petitioner not enlarged on bail; 3rd bail application dismissed.

Naresh Kumar Meena S/O Shri Kishanlal Vs… — Child Sexual Offences (POCSO) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 3^rd Bail Application No. 5456/2022

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Naresh Kumar Meena S/o Shri Kishanlal, Aged About 21 Years, R/o Village Hameerpur, Police Station Harsora, District Alwar ( At Present Confined In Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent For Petitioner(s) : Mr. Bharat Yadav, Adv. For Respondent(s) : Mr. Rajendra Yadav, GA-cum-AAG For Complainant(s) : Mr. Sampat Singh, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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03/08/2022

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The present 3^rd bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.439/2021 Registered at Police Station Kardhani, Jaipur (West) for the offence(s) under Sections 363, 366, 376, 376(2)(N) IPC and Sections 3/4 of POCSO Act, 2012.

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Learned counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. He is behind the bars since long. Learned counsel for the petitioner further submits that first bail application filed by the petitioner was dismissed by this Court and second bail application filed by the petitioner was disposed of on account of withdrawn. Learned counsel for the petitioner also submits that charge-sheet has been filed against the petitioner and statement of the prosecutrix has been recorded during trial. Learned counsel for the petitioner further submits

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(2 of 2)

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[CRLMB-5456/2022]

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that similarly situated co-accused Ajeet Singh was enlarged on bail by the Co-ordinate Bench of this Court. Conclusion of trial may take long time. So, the petitioner be enlarged on bail.

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Learned GA-cum-AAG as well as learned counsel for the complainant have opposed the arguments advanced by learned counsel for the petitioner and submitted that the prosecutrix is minor. During trial, she clearly stated that the petitioner had raped her. They further submitted that first bail application filed by the petitioner was decided on merits. So, no ground is made out to entertain the 3^rd bail application. So, 3^rd bail application filed by the petitioner be dismissed.

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I have considered the arguments advanced by learned counsel for the petitioner, learned counsel for the complainant as well as learned GA-cum-AAG.

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It is an admitted position that the prosecutrix is minor and during trial, she clearly stated that the petitioner had raped her. So, looking to the gravity of offence, I do not consider it a fit case to enlarge the petitioner on bail.

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Consequently, the 3^rd bail application stands dismissed.

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(NARENDRA SINGH DHADDHA),J

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Gourav/29

Naresh Kumar Meena S/O Shri Kishanlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Naresh Kumar Meena S/O Shri Kishanlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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