Rajasthan High Court - Jaipur
Abhishek Khangarot @ Abhishek Singh S/O ... vs State Of Rajasthan on 20 September, 2021
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 13557/2021
Abhishek Khangarot @ Abhishek Singh S/o Late Shri Om Singh
Khangarot, Aged About 21 Years, R/o Plot No. 250 Choudhariyo
Ka Mohalla Jhotwara Ward No. 11 Tehsil And Dist. Jaipur Raj.
----Accused/Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Sandeep Sharma
For Respondent(s) : Mr. F.R. Meena, P.P.
Mr. Shankar Lal Chhaba, ACP,
SIUCAW, West Jaipur
Commissionerate
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
20/09/2021
This application for anticipatory bail has been filed by the
petitioner apprehending his arrest in connection with FIR
No.342/2020 registered at Police Station Jhotwara, District Jaipur
(West) for the offence(s) under Section(s) 376, 376-D, 376DA,
323, 354A, 120-B & 376(2)(n) IPC and Section 5, 6, 7, 8, 16 & 17
of the POCSO Act and later on for the offences under Sections
376, 376(2)(N), 376D, 376DA, 323, 354A & 120-B IPC and
Sections 5/6, 7/8, 16/17 of the POCSO Act.
Drawing attention of this Court towards the statement of the
prosecutrix recorded under Section 161 CrPC, learned counsel for
the petitioner submitted that it does not contain any allegation
against him of subjecting her to rape. He, therefore, prayed for
benefit of pre-arrest bail for the petitioner.
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Opposing the bail application, learned Public Prosecutor
submitted that the prosecutrix has, in her statement recorded under Section 164 CrPC, levelled specific allegation against the petitioner of helping the co-accused in subjecting her to rape. He submitted that after investigation, charge-sheet under Section 299 CrPC has already filed against the petitioner. He, therefore, prayed for dismissal of the bail application.
Heard learned counsels for the parties and perused the record.
Statement of the prosecutrix recorded under Section 164 CrPC contains specific allegation against the petitioner constituting offence under Section 376 (2)(n) & 376DA of IPC read with provisions of the POCSO Act.
In view of provision of Section 438(4) CrPC, the petitioner is not entitled for the benefit of pre-arrest bail.
Accordingly, this anticipatory bail application is dismissed.
(MAHENDAR KUMAR GOYAL),J Manish/43 (Downloaded on 20/09/2021 at 10:35:37 PM) Powered by TCPDF (www.tcpdf.org)