Krishnapal Singh @ Chhinge vs The State Of Madhya Pradesh
2021 Latest Caselaw 8191 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-51787-2021 Krishnapal Singh @ Chhinge Vs. State of MP and anr.

Gwalior, Dated : 03-12-2021

Ms. Sangeeta Pachauri, Counsel for the applicant.

Shri Abhishek Sharma, Counsel for the State.

Case Diary is available.

This fifth application under Section 439 of CrPC has been filed

for grant of bail. Fourth application of the applicant was dismissed as

withdrawn by order dated 01.09.2021 passed in M.Cr.C.

No.43034/2021.

The applicant has been arrested on 23.11.2020 in connection

with Crime No.74/2020 registered at Police Station Pavai Distt.

Bhind for the offence under Sections 376(3), 354, 342 of IPC and

Section 5(M)/6, 9(M)/10 of POCSO Act.

It is submitted by the counsel for the applicant that the

applicant after completing the period of temporary bail has

surrendered before the Trial Court and, accordingly, copy of order

dated 06.08.2021 has been placed on record. It is submitted by the

counsel for the applicant that the material witnesses have been

examined and although the previous bail application of the applicant

has already been dismissed after considering the fact that the some of

the witnesses have been examined and they have not supported the

prosecution case, but now even the witnesses of recording of CCTV

THE HIGH COURT OF MADHYA PRADESH MCRC-51787-2021 Krishnapal Singh @ Chhinge Vs. State of MP and anr.

footage have also been examined.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that earlier the bail application

was rejected on the ground of CCTV footage as well as in the light of

the judgment passed by the Supreme Court in the case of Hemudan

Nanbha Gadhvi Vs. State of Gujarat reported in (2019) 17 SCC

523.

As no change in the circumstances could be pointed out by the

counsel for the applicant, the application fails and is hereby

dismissed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.12.04 11:54:56 +05'30'