Rajasthan High Court - Jaipur
Man Singh Son Of Shri Devnarayan vs State Of Rajasthan on 6 May, 2022
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 4th Bail Application No. 6019/2022
Man Singh Son Of Shri Devnarayan, Resident Of Kothali, P.s.
Malarna Doongar, District Sawai Madhopur (Raj.) ( At Present
Accused Petitioner Confined In Dist Jail Dausa)
----Petitioner
Versus
State Of Rajasthan, Through Pp.
----Respondent
For Petitioner(s) : Mr. Dinesh Chand Sharma For Respondent(s) : Mr. S.S. Mahla, PP For Complainant(s) : Mr. G.P. Sharma Mr. Mahesh Chand Gupta HON'BLE MR. JUSTICE INDERJEET SINGH Order 06/05/2022
1. The present fourth bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 0145/2020 registered at Police Station Malarna Doongar, District Sawai Madhopur for the offence(s) under Sections 363, 366A, 376-D of IPC and Section 5/6 of POCSO Act (in F.I.R.) & under Sections 376-D of IPC & 5G/6 of POCSO Act (in Order).
2. On 27.08.2021 this Court while dismissing the third bail application being S.B. Criminal Misc. 3rd Bail Application No. 13923/2021 passed the following order;
"Heard counsel for the parties. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Learned Public Prosecutor assisted by counsel for the complainant has opposed the bail application and (Downloaded on 09/05/2022 at 09:45:56 PM) (2 of 2) [CRLMB-6019/2022] submitted that the victim (PW-2) in her statement recorded during trial, has levelled the allegation of committing rape with her against the accused-petitioner.
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 statement of victim (PW-2), without expressing any opinion on the merits of the case, no case is made out to release the petitioner on bail under Section 439 Cr.P.C.
Hence, this third bail application stands dismissed.
3. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter.
4. Learned Public Prosecutor has opposed the bail application and submitted that after considering the statement of PW-2 the third bail application was dismissed and thereafter, there is no change in the circumstances.
5. 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 release the petitioner on bail under Section 439 Cr.P.C.
6. Hence, this fourth bail application stands dismissed.
(INDERJEET SINGH),J CHETNA BEHRANI /352 (Downloaded on 09/05/2022 at 09:45:56 PM) Powered by TCPDF (www.tcpdf.org)