Tejbhadur Singh vs State Of M.P.
2021 Latest Caselaw 91 MP

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                  HIGH COURT OF M.P. BENCH AT INDORE
  S.B : HON'BLE JUSTICE JUSTICE SHRI SHAILENDRA SHUKLA
Indore dated :- 23.2.2021
                           M.Cr.C. No.4816/2021
                    (Tejbahadur Singh V/s. State of M.P.)
         Shri V. Singh, learned counsel for the applicant.
         Shri S. Jaiswal, Public Prosecutor for respondent/State.

This is the first bail application filed under Section 439 of Cr.P.C for grant of bail. The applicant is being implicated in crime No.353/2020, registered at police station Neemuch City, for the offence punishable under Section 377 of IPC and under Section 3/4 of POCSO Act. He is in custody since 8.9.2020.

As per prosecution story, the victim child aged about 8 years was subjected to unnatural sex by the applicant who is related to the victim child.

Learned counsel for the applicant has submitted that there are no injuries on the person of the victim and that FIR was lodged six days after the incident and the charge sheet has been filed.

Learned counsel for the State was also heard who submits that similar offence has earlier been registered against the applicant.

To this, learned counsel for the applicant has submitted that in the aforesaid case, the applicant has already been acquitted and he has filed the judgment passed in the aforesaid case.

It would be appropriate to peruse the case diary. The same be sent over through e-mail.

Order shall be passed after perusal of the case diary. Later on :-

The case diary through e-mail was perused. The incident had occurred on 3.9.2020 and the child narrated the incident to her family members on 6.9.2020 and the MLC was conducted thereafter. In MLC it has been noted that there is tenderness near the anal region and the child cries when the region is touched. Further in another report dated 11.9.2020, it has been found that there is redness around anal region.

In view of the material available on record, no case is made out for

grant of bail.

Accordingly, the bail application is rejected.

(SHAILENDRA SHUKLA) JUDGE SS/-

Digitally signed by Shailesh Sukhdev Date: 2021.02.23 19:07:09 +05'30'