[2025:RJ-JP:3678] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8528/2024 Yogesh Saxena S/o Late Shri Madangopal Saxena, Aged About 55 Years, R/o House No. 04-05, Shriram Colony, Joshila Hanuman Mandir Ke Pass, Laxminarayanpuri, Police Station Ramganj, Jaipur. (At Present Confined At Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kedarnath Mahawar For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/01/2025 1. The instant bail application has been filed under Section 439 of Cr.PC, on behalf of the petitioner, who has been arrested in connection with FIR No.195/2023 registered at Police Station Galta Gate, District Jaipur City(North) (Raj.) for the offences punishable under Sections 376AB of IPC & Sections 5f, 5m & 6 of POCSO Act. Later on, police filed charge-sheet in the matter for the offence punishable under Sections 376AB of IPC & Sections 5f, 5m & 6 of POCSO Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that on account of petty disputes, false allegation of sexual abuse has been levelled against the petitioner. Petitioner is in custody since 19.05.2023. Counsel submits that victim has [2025:RJ-JP:3678] (2 of 2) [CRLMB-8528/2024] been examined during the course of trial and in these circumstances further custody of the petitioner would not serve any fruit purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. She submits that there is serious allegation against the petitioner who is aged about 55 years to sexual assault with the victim who is just five years old. She further submits that in victim’s court testimony, allegation of sexual assault is clearly appearing the against the petitioner. 4. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties and especially the role attributed to the petitioner; gravity of the offence; Court testimony of the victim who is just aged about five years, I do not find it a fit case to allow this bail application. 5. Accordingly, this bail application stands dismissed. However, observations made herein are only decision of this bail application and would not have any impact on the trial of the case. (ANIL KUMAR UPMAN),J LALIT MOHAN /97