High CourtsSingle Bench(2021) 02 RAJ CK 0030

Zahoor Ali vs State Of Rajasthan

Rajasthan High Court · Decided on 17 February 2021

HON’BLE JUDGES
Mahendar Kumar Goyal, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous II Bail Application No. 1815 Of 2021

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Judgment

13 paragraphs · 231 words

The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.375/2020

registered at Police Station Shastri Nagar, District Jaipur Metropolitan for the offence under Section(s) 370(5), 342, 344 & 374 of IPC and under

Section(s) 75 & 79 of Juvenile Justice (Care and Protection of Children) 2015 and under Section(s) 3/14 Child Labour (Prohibition and Regulation)

Act 1986.

Learned counsel for the petitioner submitted that charge sheet has been filed and trial of the case will take time; hence, this second bail application.

Learned counsel for the petitioner submitted that parents of none of the children has lodged any complaint. He submitted that the petitioner is in

custody since 03.12.2020, he has no criminal antecedents and prayed for release of the petitioner on bail.

Learned Public Prosecutor has opposed this second bail application.

Heard the learned counsels for the parties and perused the record.

A perusal of the statements of the prosecution witnesses who are minor children aged in between 9 to 16 years, reveals that they have leveled

specific allegation against the petitioner which constitute offence under Section 370(5) IPC. In view of the gravity of allegation against the petitioner;

but, without expressing any opinion on the merits of the case, this Court is not inclined to enlarge the petitioner on bail.

The second bail application is rejected accordingly.