Kapil vs The State Of Madhya Pradesh
2021 Latest Caselaw 2906 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.32209/2021 (KAPIL Vs THE STATE OF MADHYA PRADESH)

Through Video Conferencing

Gwalior, Dated : 01-07-2021

Ms. Sangeeta Pachauri, Counsel for the applicant.

Shri Lokendra Shrivastava, Counsel for the State.

Case diary is available.

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

filed for grant of bail. The first bail application was dismissed by

order dated 04.01.2021 in M.Cr.C. No.53233/2020 as withdrawn.

The applicant has been arrested on 10.09.2020 in connection

with Crime No.521/2020 registered at Police Station Bahodapur

Distt. Gwalior for offence under Sections 363 and 376 of IPC and ¾

of POCSO Act.

In view of the fact that date of birth of prosecutrix is

12.05.2005 and at present she is still minor and the fact that the first

application of applicant was dismissed in light of judgment of

Supreme Court in the case of Independent Thought vs. Union of

India & Anr. reported in (2017) 10 SCC 800, no case is made out for

taking contrary view in the matter.

Accordingly, the application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2021.07.02 11:46:02 +05'30'