Dismissed

Vikas Kumar Bairwa @ Vikki S/O Meghraj Bairwa v. State of Rajasthan

Rajasthan HC13 Feb 2024CRLMB/141/2024

Case brief

AI extract

What is this about?

In this bail application for offences including those under IPC and POCSO, the petitioner sought discharge. The court dismissed the application mainly due to the withdrawal prayer and directed the trial court to record specific statements for age determination and verification. The petitioner was granted liberty to file a fresh application.

What did the court decide?

Petitioner granted liberty to withdraw application and file afresh; Trial Court directed to record statements of witnesses.

Vikas Kumar Bairwa @ Vikki S/O Meghraj… — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:7319]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 141/2024

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Vikas Kumar Bairwa @ Vikki S/o Meghraj Bairwa, Aged About 21 Years, R/o Jagrampura, Police Station Bamanwas, District Gangapurcity. (At Present Petitioner Is Confined In District Jail Tonk)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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Pappulal Son of Shri Mool chand, aged about 45 years, Resident of Radhopura, police station Bamanwas, District Sawai Madhopur.

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-----Complainant/ respondent

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For Petitioner(s) : Mr. Babulal Bairwa For Respondent(s) : Mr. S S Mahla, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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13/02/2024

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Instant bail application has been filed by petitioner under Section 439 Cr.P.C. in connection with FIR No.260/2023 registered at Police Station Bamanvas, District Gangapurcity for offences under Sections 363, 366-A, 342 & 376-DA of IPC and Section 5/6 of POCSO Act.

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Counsel for petitioner submits that petitioner is a young boy of 21 years and the victim has not leveled any allegation of committing rape with her by applying force. He submits that in view of statements of victim recorded under Section 161 CrPC so also under Section 164 CrPC, petitioner deserves to be enlarged on bail. Petitioner is languishing in jail since 06.09.2023.

[CRLMB-141/2024]

[2024:RJ-JP:7319]

(2 of 2)

Counsel for petitioner submits that the school certificate issued by the Principal showing age of victim on the date of incident as 15 years and two months is without any basis and cannot be treated as an authentic document to determine the age. Victim is about 18 years or at least above 16 years of age, but no medical opinion has been sought to determine her age.

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After arguing for some time, counsel for petitioner, at this stage seeks permission to withdraw the present bail application with liberty to file afresh after recording statements of Rajendra Meena, Principal, Government Higher Secondary School, who issued the certificate, Pappulal and Guddi Devi, parents of the victim and the victim herself. He also prays that such direction be issued to the trial Court.

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In view of above, the present bail application is dismissed as not press with the liberty as prayed for.

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The trial Court is directed to record statements of Rajendra Meena, Principal, Government Higher Secondary School, who issued the certificate, complainant-Pappulal and Geeta Devi parents of the victim and the victim herself on priority basis, as early as possible.

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(SUDESH BANSAL),J

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RONAK/6

Vikas Kumar Bairwa @ Vikki S/O Meghraj Bairwa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vikas Kumar Bairwa @ Vikki S/O Meghraj Bairwa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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