Santosh Sen vs The State Of Madhya Pradesh
2021 Latest Caselaw 1522 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.19793/2021 (SANTOSH SEN VS. STATE OF M.P. & ANR.)

Gwalior, Dated : 22.04.2021

Shri Suresh Agrawal, learned counsel for the applicant.

Shri Rohit Shrivastava, learned Panel Lawyer for the State.

Heard finally, through video conferencing.

Case diary is not available. Accordingly, the bail application is

being decided on the basis of the averments made in the application

as well as facts mentioned in the impugned order.

This second repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail.

The applicant has been arrested on 11/01/2021 in connection

with Crime No.291/2019 registered at Police Station Dehat, District

Shivpuri for offence under Sections 363, 366, 376 of IPC and Section

3/4 of the POCSO Act.

It is submitted by the Counsel for the applicant that the

prosecutrix has been examined and now there is no possibility of

winning over the prosecution witnesses.

Per contra, the application is vehemently opposed by the

Counsel for the State. It is submitted by the counsel for the State that

as per the school record, the age of the prosecutrix is 16 years and 9

months.

Looking to the age of the prosecutrix as well as in the light of

the judgment passed by the Supreme Court in the case of

Independent Thought Vs. Union of India & Anr. reported in

2017(10) SCC 800 by which sub-section 2 of section 375 of IPC has

been read down, no case is made out for grant of bail to the applicant.

Accordingly, the application fails and is hereby dismissed.

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

Digitally signed by PRINCEE BARAIYA Date: 2021.04.23 10:29:09 +05'30'