Balram vs State Of Rajasthan - 2022 Supreme(Raj) 1396

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1396

MANOJ KUMAR GARG
Balram – Appellant
Versus
State Of Rajasthan – Respondent

Advocates appeared:
Bharat Shrimali, Advocate, Anita Gehlot, Advocate, Sudhir Saruparia, Advocate, Jayant Mahecha, Advocate

JUDGMENT

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 F.I.R. No.81/2021, Police Station Sadar, Nimbahera, District Chittorgarh, for the offences under Sections 363, 366, 376(N) IPC, Section 5(L)/6 of the POCSO act.

2. Learned counsel for the petitioner submits that the prosecutrix in her statement recorded under Section 161 & 164 Cr.P.C. has deposed that she roamed with the petitioner at many places such as Jawra, Ratlam etc. The prosecutrix further stated that she also resided with the petitioner at Surat in a rented room for about eight months at her own free will and during which period she did not raise any hue or cry. If anything happened, it was with the consent of prosecutrix. Challan of the case has already been presented. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.

4. I have considered the arguments advanced before me and gone through the m

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