High CourtsSingle Bench(2022) 12 RAJ CK 0039

Santoshnath vs State Of Rajasthan

Rajasthan High Court · Decided on 7 December 2022

HON’BLE JUDGES
Manoj Kumar Garg, J
RESULT
Dismissed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 11063 Of 2022

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Judgment

7 paragraphs · 196 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.40/2022 of Police Station Surpalia, for the offence punishable under Sections 354A, 323 of IPC and Section 11/12 of POCSO Act.

Learned counsel for the petitioner submits that a false allegation has been levelled against the present petitioner and challan of the case has been presented. 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 and learned counsel for the complainant have opposed the prayer for bail.

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

The victim was merely 17 years of age at the time of incident and according to the statement of victim recorded under Section 164 Cr.P.C., specific allegation has been levelled against the present petitioner, who is a father of victim, 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.