Kailash Jangir vs State Of Rajasthan And Others

Manoj Kumar Garg, J

The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.83/2021 of Police Station Gotan, District Nagaur for the offence punishable under Sections 363, 376-D(a) of the IPC, Section 5(g)/6 of POCSO Act, 2012 and Sections 3(1)(r)(s)(w)(ii), 3(2)(va)(v) of SC/ST Act.

The first bail application was dismissed vide order dated 27.08.2021 by the co-ordinate Bench of this Court on merit with liberty to file afresh after recording the statement of prosecutrix.

Learned counsel for the petitioner submits that now the prosecutrix has been examined before the trial Court as PW-1 and there are material contradictions, omissions and improvements in her statement. Counsel further submits that FSL and DNA reports have been received and both the reports are negative. Furthermore, he submits that medical report does not support the story of prosecutrix. Counsel also submits that Dr. Anita Kumari (PW/8) has also been examined and she clearly mentioned in her statement that no injury was found on the body of the prosecutrix. 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 has opposed the prayer for bail.

I have considered the arguments advanced before me and carefully gone through the record. The prosecturix was aged about 14 years at the time of incident and she has been examined before the trial Court as PW-1, in which specific averment has been levelled against the petitioner. So far as FSL and DNA reports are concerned, all the aspects will be considered at the final stage of trial, therefore, this Court is not inclined to grant benefit of bail to the present petitioner.

In the above circumstances, the second bail application filed by the petitioner is hereby rejected.