Monesh Pathak vs The State Of Madhya Pradesh
2021 Latest Caselaw 4128 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.38099/2021 Monesh Pathak v. State of M.P and Anr.

Gwalior, Dated :10.08.2021

Shri Sushil Goswami, Counsel for the applicant.

Shri Ravi Vallabh Tripathi, Counsel for the State.

Case diary is available.

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

grant of bail. Previous bail application was dismissed as withdrawn

by order dated 01.06.2021 passed in M.Cr.C. No. 22978/2021.

The applicant has been arrested on 20.12.2020 in connection

with Crime No.230/2020 registered by Police Station Civil Line

Distt. Datia for offence punishable under Sections 363, 366 of IPC,

further added Sections 376 (3), 376 (2) (n) and Section 5/ 6 of

Protection of Children from Sexual Offence Act.

It is submitted by Counsel for the applicant that according to

prosecution case, the prosecutrix is minor. She had eloped with the

applicant and went to Gujrat where they performed marriage. She has

stated that they never had any physical relationship with the

applicant.

Per contra, the application is vehemently opposed by the

Counsel for the State. It is submitted that when the prosecutrix was

kidnapped, she was minor. Under these circumstances, it is for the

trial Court to decide as to whether any offence of kidnapping or of

rape was committed by the applicant or not.

Heard the learned Counsel for the parties.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.38099/2021 Monesh Pathak v. State of M.P and Anr.

The prosecutrix in her Court evidence has stated that she had

gone to Gujrat along with the applicant without informing her

parents.

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

case of Anversinh @ Kiransinh Fatesinh Zala Vs. State of

Gujarat passed on 21.01.2021 in CRA No.1919/2010, in which it is

held that if a minor girl leaves her house on the enticement of the

accused, then the offence of kidnapping would be made out. Under

these circumstances, this Court is of the considered opinion that

whether the allegations made against the applicant prima facie make

out an offence or not is yet to be considered by the trial Court as

reliability and credibility of the witness cannot be considered by this

Court at the stage of bail as held by the Supreme Court in the case of

Satish Jaggi v. State of Chhattisgarh and Ors reported in (2007)

11 SCC 195.

Accordingly, no case is made out for grant of bail. The

application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2021.08.13 14:53:49 +05'30'