HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 9409/2021

Altaf S/o Jakar, R/o Kathol, Police Station Pahadi, District

Bharatpur (Raj). (At Present Confined In Central Jail, District

Bharatpur).

----Accused/Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor.

----Respondent

For Petitioner(s)

:

Mr. Rajendra Singh Raghav

through VC

For Respondent(s)

:

Mr. S.K. Mahala, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

02/08/2021

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.110/2018 registered at Police Station Gopalgarh, District

Bharatpur for the offence(s) under Section(s)376-D of I.P.C. and

later on for the offence under Sections 376-D & 366 of I.P.C.

Learned counsel for the petitioner contended that the

prosecutrix is major married lady. He submitted that there is

variance as to the time and manner in which the incident is

alleged to have happened in the FIR, in the statement of the

prosecutrix recorded under Section 161 CrPC and her statement

recorded under Section 164 CrPC. Learned counsel submitted that

her mother-in-law, her sister and her father-in-law have not

supported the prosecution story and have submitted affidavits

stating therein that the petitioner was falsely implicated on

(2 of 2)

[CRLMB-9409/2021]

account of some financial dispute. Drawing attention of this Court

towards the contents of FIR, learned counsel submitted that

despite allegation that the petitioner was having telephonic

conversation with co-accused persons, no investigation has been

carried out in this regard. He, therefore, prayed for release of

petitioner on bail.

Learned Public Prosecutor has opposed the bail application.

A perusal of the case diary reveals that the charge-sheet

came to be filed on 31.10.2019 against the petitioner under

Section 299 CrPC and after remaining absconder for a period of

about 16 months, he came to be arrested in February 2021 only.

There is consistent allegation against the petitioner of subjecting

the prosecutrix to rape in the FIR, in her statement recorded

under Section 161 CrPC as well as under Section 164 CrPC. The

contentions of the petitioner qua variance in the manner in which

the incident has allegedly happened, is subject matter of trial.

With regard to affidavits furnished by witnesses in support of the

petitioner, it is suffice to submit that the offence being under

Section 376 IPC, the same has no evidentiary value at this stage.

Resultantly, the bail application is dismissed being devoid of

merit.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/16