Rambabu Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 1216 MP

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             THE HIGH COURT OF MADHYA PRADESH
                       MCRC No.14182/2021
            (RAMBABU AHIRWAR VS. STATE OF M.P. & ANR.)

Gwalior dtd. 01/04/2021
      Shri Ravi Rahul, learned counsel for the applicant.

      Shri R.B.Tripathi, learned Panel Lawyer for the State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 03/06/2020 in connection

with Crime No.78/2020 registered by Police Station Kurwai,

District Vidisha for offence punishable under Sections 363, 366,

344, 376(2)(N), 376(3) of IPC and Section 5/6 of the POCSO Act.

      It is submitted by the counsel for the applicant that although

as per the school record, the date of birth of the prosecutrix is

12/01/2005

but the prosecutrix in her Court evidence as claimed

that her age is 18 years. It is further submitted that although the

prosecutrix claimed that she had gone alongwith the applicant and

stayed at Indore and Puna but it is specifically stated that the

applicant never had physical relationship with her.

Per contra, the application is opposed by the counsel for the

State. It is submitted by the counsel for the State that in the cross

examination, the prosecutrix has admitted that she had resided at

Pattan with the applicant as husband and wife. In the FSL report,

human semen and sperms were found.

So far as the question of going alongwith the present

applicant is concerned, in the light of judgment passed by Supreme

Court in the case of Anversinh @ Kiransinh Fatesinh Zala Vs.

State of Gujarat by order dated 12/01/2021 passed in CRA

No.1919/2010, it is clear that the applicant seduced the

prosecutrix to leave her house.

Heard the learned by the counsel for the parties.

Considering the fact that according to the school record the

date of birth of the procecutrix is 12/01/2005 and the fact that the

prosecutrix was kidnapped on 21/02/2020 and she was recovered

on 03/06/2020 coupled with the fact that in the FSL report, the

human semen and sperms were found in the vaginal slide of the

prosecutrix, this court is of the considered opinion that no case is

made out for grant of bail to the applicant.

Accordingly, the application fails and is hereby dismissed.

                                                             (G.S.Ahluwalia)
Pj'S/-                                                           Judge

         PRINCEE
         BARAIYA
         2021.04.01
         18:19:06 -07'00'