Rajasthan High Court – Jodhpur
Alladitta @ Babbu vs State Of Rajasthan (2025:Rj-Jd:3595) on 20 January, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:3595]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5948/2024
Alladitta @ Babbu S/o Sh Noor Mohammad, Aged About 19
Years, R/o Nazad Happt Childern School Ke Pass, Ward No 29,
Suratgarh, P.s. Suratgarh City, Distt Sri Ganganagar, Raj
(Presently Lodged At Central Jail , Sri Ganganagar)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Saraswati W/o Ramvriksh, Aged About 60 Years, R/o
Presently Tenant At House Of Ramu, Ward No 36,
Suratgarh, P.s. Suratgarh City, Distt- Sri Gangangar,raj.
----Respondents
For Petitioner(s) : Mr. Baltej Singh Sandhu
For Respondent(s) : Mr. Hathi Singh Jodha, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
20/01/2025
1. This application for bail under Section 439 Cr.P.C. has been
filed by the petitioner who has been arrested in connection with
F.I.R. No.603/2023 registered at Police Station Suratgarh, District
Sri Ganganagar, for the offences under Sections 3/4(2) of POCSO
Act in alternative Section 376(3) of IPC; Sections 5(l)/6 of POCSO
Act in alternative Section 376(2)(n) of IPC; Sections 5(j)(ii)/6 of
POCSO Act and Sections 3(2)(v),(va) of SC/ST Act.
2. Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
3. Having perused the case file, this Court prima facie finds that
as per the prosecution, the petitioner has committed forcible
sexual assault upon victim ‘R’ who is aged about 14 years. This
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[2025:RJ-JD:3595] (2 of 2) [CRLMB-5948/2024]
Court further prima facie finds that the victim ‘R’ in her statements
recorded under Sections 161 and 164 Cr.P.C. as well as in her
statements recorded during the course of trial on 30.04.2024 as
PW-01 has maintained the specific allegation of she being
subjected to forcible sexual assault/rape by the present petitioner.
This Court prima facie finds no reason to doubt the correctness of
the statements of the victim ‘R’ recorded under various Sections of
Cr.P.C. Therefore, this Court, looking to the seriousness of the
allegations against the petitioner, is not inclined to enlarge him on
bail.
4. Consequently, the present bail application is dismissed.
5. It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
1-divya/-
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