Dismissed

Shivraj S/O Prabhulal v. State of Rajasthan

Rajasthan HC7 May 2024CRLMB/666/2024

Case brief

AI extract

What is this about?

The High Court dismissed the bail application of the accused-petitioner charged under POCSO and IPC provisions for sexually assaulting a six-year-old girl. The Court held that the victim's consistent statement and the gravity of the offence precluded bail.

What did the court decide?

The bail application filed under Section 439 Cr.P.C. on behalf of the accused-petitioner is dismissed.

Shivraj S/O Prabhulal Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:21653]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 666/2024

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Shivraj S/o Prabhulal, Aged About 23 Years, R/o Jaikishanpura, Tehsil And Police Station Peeplu, District Tonk (Raj.) (At Present Confined In District Jail Tonk)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp 2. Surajmal Bairwa S/o Nathulal Bairwa, R/o Jhirana, District Tonk, Presently R/o Flat No. 27, Kiro Ki Dhani, Muhana, Jaipur City (South).

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Victim

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----Respondents

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For Petitioner(s)	: Mr. Akshay Yadav Mr. Bharat Yadav
For Respondent(s)	: Mr. Yashwant Kankhadia-PP
	Mr. Govind Khandelwal
	Mr. Mukesh Kumar Saini

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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07/05/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.586/2023 registered at Police Station Newai, District Tonk for the offence(s) under Sections 363, 376AB, 376(2) (CHA), 376(2)(m) of IPC and Sections 5(i)(m)(n)/6 of POCSO Act.

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Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in the case. PW-5 victim in her statement has stated that she received injuries due to falling. In the DNA report, no semen was detected. Learned counsel fur-

[2024:RJ-JP:21653]

[CRLMB-666/2024]

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ther submits that petitioner is in custody since long and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

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Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of complainant vehemently oppose the bail application.

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Learned counsel for the complainant submits that petitioner sexually assaulted the victim. He further submits that victim is a girl of six years and petitioner committed sexual abuse with her. In her examination-in-chief, victim has narrated the entire version regarding commission of sexual offence with her. Therefore, considering the evidence of PW-5 victim and gravity of the offence, the bail application of the accused-petitioner may be dismissed.

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Heard and perused the material placed on record.

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PW-5 victim is a girl of tender age (6 years). In her examination-in-chief, she has clearly narrated that accused-petitioner committed sexual assault with her. The accused-petitioner is uncle of the victim, thus, considering the statement of PW-5 victim, I am not inclined to enlarge the accused-petitioner on bail.

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Hence, the bail application filed under Section 439 of Cr.P.C. on behalf of accused-petitioner is dismissed.

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(PRAVEER BHATNAGAR),J

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50-Rahul Joshi

Shivraj S/O Prabhulal v. State of Rajasthan

Case brief

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Shivraj S/O Prabhulal v. State of Rajasthan

Case brief

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