In this bail application regarding offences under IPC and POCSO, the High Court of Rajasthan rejected the petition, holding that the victim was a minor at the time of the incident and her statement remained unrecorded, making it an unfit case for bail.
None; bail application rejected.
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[2023/RJJD/010637]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1509/2023
Rewaram S/o Devaram, Aged About 22 Years, B/c Koli, R/o Hadmantiya Aanadara Dist. Rewdar P.s. Aanadra, Dist. Sirohi. (At Present Lodged In Sub Jail, Balotara).
----Petitioner
For Petitioner(s) : Mr. Pritam Solanki For Respondent(s) : Mohd. Anees Bhurat, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
18/04/2023
The petitioner has been arrested in connection with FIR 231/2022 of Police Station Siwana, District Barmer for the offences punishable under Sections 363, 366 A, 376(1) & 376(3) of IPC and Section 3/4 of Protection of Children From Sexual Offences Act, 2012.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that the FIR was lodged after one month from the date of alleged incident, therefore, it is clear that the same is an after thought. Charge-sheet has already been filed in the matter. The petitioner is behind bars since long and the conclusion of the trial will take time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
[2023/RJJD/010637]
[CRLMB-1509/2023]
(2 of 2)
Learned Public Prosecutor opposed the prayer made by the learned counsel for the petitioner and submits that the age of the victim was 15 years at the time of incident and her statement has not been recorded till date, therefore, it is prayed that the present bail application may kindly be rejected.
Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.
Having regard to the facts and circumstances of the case and the fact that the as per the prosecution case, at the time of incident, the victim was 15 years of old and her statement has not been recorded till date, this Court does not find it to be a fit case for grant of bail to the accused petitioner, at this stage.
Consequently, the present bail application is rejected.
(MADAN GOPAL VYAS),J
18-neha/-
1 issue framed by the court
Whether the petitioner is entitled to bail given the age of the victim and non-recording of statement at this stage.
Rewaram S/o Devaram
State Of Rajasthan
Deepa Ram S/o Hukma Ram
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
