[2024:RJ-JP:10534]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 7008/2023
1. Sanwariya @ Sanwra S/o Kanhiyalal, Aged About 18
Years And 6 Months R/o Naya Bhadurpura Thana Hindoli,
District Bundi (Raj.) (At Present Confined In J.c. Distt
Bundi)
2. Puroshottam @ Prithviraj S/o Kalu Lal, Aged About 22
Years, R/o Naya Bhadurpura Thana Hindoli, District Bundi
(Raj.) (At Present Confined In J.C. Distt Bundi)
----Petitioners
Versus
1. The State of Rajasthan, Through Public Prosecutor
2. Indera Bai W/o Motilal R/o Village Naya Bahadur Pura,
Hindoli, Bundi (Raj.)
----Respondents
For Petitioner(s) : Ms. Harshita Sharma, Adv.
For Respondent(s) : Mr. Chandragupt Chopra-PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
29/02/2024
1. This bail application under Section 439 Cr.P.C. has been filed
by the petitioners in connection with FIR No.534/2022 registered at
Police Station Hindoli, District Bundi wherein they are charged for
offences punishable under Sections 376(D) and 306 of IPC (later
on, they are charged for offences punishable under Sections 376(D)
and 306 of IPC and Section 5(G)/6 POCSO Act, 2012).
2. Learned counsel for the petitioners submits that as per the
allegations levelled against the petitioners, they committed rape
with the victim who committed suicide thereafter. Counsel submits
that there is no eye-witness of the alleged incident and as per the
[2024:RJ-JP:10534] [CRLMB-7008/2023]
(2 of 2)
version of the complainant, Nandu Bai informed her about the
incident. Counsel submits that Nandu Bai has not supported the
version of prosecution and she has turned hostile. Counsel submits
that the Forensic Science Laboratory report is not corroborated the
allegations of rape levelled against the petitioners. Counsel submits
that looking to the long incarceration of the petitioners, indulgence
of bail be granted to the petitioners.
3. Per contra, learned Public Prosecutor opposed the bail
application and submitted that not only gang rape was committed
with the victim but she also committed suicide by consuming poison
after the aforesaid rape committed with her. Counsel submitted that
charge-sheet has been submitted against the accused persons for
the offences punishable under Section 376 (D) and 306 IPC and
after commencement of the trial, it has reached to its final
conclusion and the same is at fag end, therefore, the petitioners are
not entitled to get indulgence of bail.
4. Heard and considered the submissions made at Bar and
perused the material available on the record.
5. Looking to the allegations levelled against the petitioner and
looking to the gravity of the matter and also looking to the fact that
the trial has reached to its fag end, this Court is not inclined to
grant bail to the petitioners.
6. Hence, the present bail application stands dismissed.
(ANOOP KUMAR DHAND),J
MR/137