This court disposed of the third bail application under Section 439 Cr.P.C. regarding offences under IPC and POCSO Act. Finding no case made out for bail based on offence seriousness and victim statements, the application was dismissed.
Bail application dismissed. Petitioner remains in custody.
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[2023/RJJP/006724]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 1685/2023
Deepak @ Deepu Bairwa Son Of Shri Haajri Lal Bairwa, Resident Of Mataji Ke Mandir Ke Paas, Indra Gandhi Nagar, Police Station Udhyog Nagar, Kota (Raj.) ( At Present Petitioner Is Confined In Central Jail Kota)
----Petitioner
| State Of Rajasthan, Through | Versus P.p. |
|---|---|
| For Petitioner(s) : Mr. |
Sumer Singh Ola |
| For Respondent(s) : Mr. |
Riyasat Ali,PP |
----Respondent
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
17/04/2023
Heard counsel for the parties.
Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter.
On 06.05.2022, while dismissing the second bail application,
this Court passed the following order:-
“The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 341/2020 Registered at Police Station Udhyog Nagar, Kota for the offence(s) under Sections 363, 366, 376 of IPC & Section 3/4 of POCSO Act.
Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter.
Learned Public Prosecutor has opposed the bail application and submitted that according to the statement of victim (PW-1) recorded during trial, allegation of committing rape has been levelled by her against the accused-petitioner. He further
[2023/RJJP/006724]
[CRLMB-1685/2023]
(2 of 2)
submits that according to the statements of mother and father of the victim recorded during trial, the victim is mentally disturbed.
In the facts and circumstances of the present case and looking to the seriousness of the offence(s) alleged against the petitioner and also considering the statements of victim and her father and mother recorded during trial and without expressing any opinion on the merits of the case, no case is made out for grant of bail to the petitioner under Section 439 Cr.P.C.
Hence, this second bail application stands dismissed.”
Learned Public Prosecutor has opposed the bail application. In the facts and circumstances of the present case and looking to the seriousness of the offence(s) alleged against the petitioner, without expressing any opinion on the merits of the case, no case is made out to grant bail to the petitioner under Section 439 Cr.P.C.
Hence, this 3rd bail application stands dismissed.
(INDERJEET SINGH),J
JYOTI /24
2 issues framed by the court
Whether bail is admissible to the petitioner charged under Sections 363, 366, 376 of IPC and POCSO Act.
Whether the seriousness of the offence and victim's statement negate the case for bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Deepak @ Deepu Bairwa
State Of Rajasthan
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
