Rahul Prajapati vs The State Of Madhya Pradesh
2021 Latest Caselaw 1423 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.18294/2021 (RAHUL PRAJAPATI VS. STATE OF M.P. & ANR.) Through Video Conferencing

Gwalior dtd. 08/04/2021 Shri Vinod Pathak, learned counsel for the applicant.

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

Shri Sushendra Singh Parihar, learned counsel for the

complainant.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed by the applicant for grant of bail.

The applicant is in jail from 26/02/2021 in connection with

Crime No.80/2021, registered at Police Station University, District

Gwalior for the offence under Sections 363, 366 and 376 of IPC

and Section 3/4 of the POCSO Act.

It is submitted by the counsel for the applicant that according

to the prosecution case, the prosecutrix eloped with the applicant in

the intervening night of 18/02/2021 and 19/02/2021 and she was

recovered from the possession of the applicant on 26/02/2021. It is

submitted that since the prosecutrix had gone with the applicant on

her own, therefore, no offence under Section 366 of IPC is made

out.

Per contra, the application is vehemently opposed by the

counsel for the State as well as the counsel for the complainant. It is

submitted by Shri Tripathi that the date of birth of the prosecutrix is

01/01/2005. It is submitted that according to the prosecution case,

the prosecutrix was seduced by the applicant to elope with him and

accordingly, in the light of the 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 offence under Sections 363 and 366 of IPC are made

out. It is further submitted that since the prosecutrix is minor aged

about 16 years, therefore, her consent is immaterial.

Heard the learned counsel for the parties.

Considering the submissions made by the counsel for the

parties as well as considering the fact that the prosecutrix is minor

aged about 16 years and was recovered from the possession of the

applicant, 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
   2021.04.09
   17:23:56 -07'00'