Pushkar vs State Of Rajasthan

Manoj Kumar Garg, J

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in judicial custody in connection with F.I.R. No.36/2022 of Police Station Dhariyawad, District Pratapgarh for the offences punishable under Sections 341, 323, 366-A, 365, 376(D) & 392 of the IPC and Section 5/6 of the POCSO Act, 2012 and Section 3, 2, 5 & 3(1)(W) (i) of the SC/ST Act and Section 67(B) of the IT Act.

The first bail application was dismissed as not pressed by this Court on 13.05.2022 with liberty to file afresh after recording the statement of prosecutrix.

Learned counsel for the petitioner submits that now the prosecutrix has been examined as PW.10 before the trial Court and in her statement there is no allegation of committing rape with her against the petitioner and the petitioner was merely present at the site of occurrence. The accused petitioner is in judicial custody and trial of the case will take sufficiently long time to be concluded. Therefore, the benefit of bail should be granted to the petitioner.

Learned Public Prosecutor has opposed the second bail application.

Heard learned counsel for the parties and perused the material available on record.

Looking to the facts and circumstances of this case and particularly looking to the facts that this is a case of gang rape and Deepak S/o Motil Lal, Deepak S/o Heera Lal and Irfan have committed rape with the prosecutrix. The present petitioner and other persons were present at the place of occurrence and they have recorded videos of the occurrence.

In the aforesaid circumstances, this Court in not inclined to grant benefit of bail to the petitioner. Hence, the second bail application is dismissed. The trial court is directed to expedite the trial.