HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 20293/2021

Rajesh alias Raju S/o Bhagirath, R/o Bairwa Ki Dhani Jodhpuriya

Ps Niwai Sadar Distt. Tonk

(Presently Accused Confined In Distt. Jail Tonk)

----Petitioner

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s)

:

Mr.Meghraj Meena, Adv.

For Respondent(s)

:

Mr.S.S. Ola, Public Prosecutor.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

04/01/2022

Heard learned counsel for the parties.

The present bail application has been filed under

Section 439 Cr.P.C. in connection with FIR No.324/2021,

registered at Police Station Niwai, District Tonk for the offence

under Section 376 of IPC.

Learned counsel for the petitioner submitted that the

petitioner is in custody since 20.09.2021, police after investigation

has filed charge-sheet.

Learned counsel for the petitioner submitted that bare

perusal of statement recorded under Section 164 of Cr.P.C. clearly

reveals that the story of committing rape on the prosecutrix is

highly improbable.

Learned counsel submitted that, in fact, the alleged

incident cannot be termed as an act of rape and in p