Rajesh Gaud vs The State Of Madhya Pradesh
2021 Latest Caselaw 1625 MP

                              1
           THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.18864/2021
                 Rajesh Gaud vs. State of M.P.

                  Heard through Video Conferencing

Gwalior, Dated : 28.04.2021

        Shri Deepak Shrivastava, Counsel for the applicant.

        Shri   Ravi   Ballabh      Tripathi,   Panel   Lawyer   for   the

respondent/State.

Case diary is available.

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

filed for grant of bail.

The applicant has been arrested on 14.01.2020 in connection

with Crime No.1227/2010 registered at Police Station Gwalior,

District Gwalior for offence under Sections 363, 366, 376 of IPC.

It is submitted by the counsel for the applicant that after

rejection of second bail application, the prosecutrix has been

examined. It is submitted that although she has supported the

prosecution case but now there is no possibility of winning over any

witness. The trial is likely to take sufficiently long time and there is

no possibility of his absconding or tampering with the prosecution

case.

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

respondent/State. It is submitted by the counsel for the State that not

only the prosecutrix has supported the prosecution case but the

applicant was absconding for 10 long years.

THE HIGH COURT OF MADHYA PRADESH MCRC No.18864/2021 Rajesh Gaud vs. State of M.P.

Considered the submissions made by the counsel for the

parties.

In the light of the judgment passed by the Supreme Court in

the case of Sudha Singh vs. State of U.P. decided on 23.4.2021 in

Criminal Appeal No.448/2021 coupled with the fact that the

prosecutrix has supported the prosecution case and the applicant was

absconding for the last 10 years, no case is made out for grant of

bail. The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2021.04.29 11:11:07 +05'30'