High CourtsSingle Bench(2022) 12 RAJ CK 0044

Lakhan Singh @ Lakhan Banna vs State Of Rajasthan

Rajasthan High Court · Decided on 8 December 2022

HON’BLE JUDGES
Manoj Kumar Garg, J
RESULT
Dismissed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 11275 Of 2022

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Judgment

8 paragraphs · 207 words

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.266/2021 of Police Station Kudi Bhagtasani, Jodhpur for the offence punishable under Sections 376, 376(2)(n), 406, 323, 341, 384 of IPC and Sections 3/4, 5/6 of POCSO Act.

Learned counsel for the petitioner submits that victim has been examined before the trial Court as PW-1 and according to her statement, no allegation of committing rape has been levelled against the present petitioner. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the prayer for bail.

I have considered the arguments advanced before me and carefully gone through the record.

According to the statement of victim(PW-1), specific allegation has been levelled by the victim against the present petitioner that he took money from the people and used to force her for prostitution, therefore, this Court is not inclined to grant benefit of bail to the petitioner.

In the above circumstances, the bail application filed by the petitioner is hereby rejected.

However, trial Court is directed to expedite the trial.