Nandu @ Nandkishor Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 4182 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-39612-2021 Nandu @ Nandkishor Jatav Vs. State of MP

Gwalior, Dated : 11-08-2021

Shri Pradeep Katare, Counsel for the applicant.

Shri N.S.Tomar, Counsel for the State.

Case Diary is available.

This first application under Section 439 of CrPC has been filed

for grant of bail.

The applicant has been arrested on 19.07.2021 in connection

with Crime No.168/2021 registered at Police Station Kotwali Distt.

Guna for offence punishable under Sections 354-a, 509 of IPC and

Sections 11, 12 of POCSO Act.

It is submitted by the counsel for the applicant that allegation

against the applicant was that he disrobed himself completely and

projected himself in naked condition to two minor girls aged about 7

years and 13 years. It is submitted that in the light of the judgment

passed by the Supreme Court in the case of Arnesh Kumar Vs. State

of Bihar reported in (2014) 8 SCC 273, Police had issued notice

under Section 41-A of CrPC and the applicant has cooperated with

the investigation. However, on filing of charge-sheet, the Court has

rejected his bail application and has sent him to jail.

During the course of argument, it was fairly conceded by the

counsel for the applicant that the Court did not commit any illegality

by rejecting the bail application of the accused.

According to the prosecution case, the applicant disrobed

THE HIGH COURT OF MADHYA PRADESH MCRC-39612-2021 Nandu @ Nandkishor Jatav Vs. State of MP

himself completely in front of two minor girls aged about 7 years and

13 years.

In a society where minor girls aged about 7 years and 13 years

are not free enough to enjoy their childhood, then it is a matter which

is to be reconsidered by the society members.

Be that whatever it may.

In view of the allegations made against the applicant, this

Court does not find it to be a fit case for grant of bail.

Accordingly, the application fails and is hereby dismissed.

However, liberty is granted to the applicant to revive the prayer after

undergoing some reasonable period of detention.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.08.12 17:01:01 +05'30'