Ramkushal @ Kushal Kahar vs The State Of M.P.
2021 Latest Caselaw 3075 MP

                                                                     1                           MCRC-27201-2021
                                          The High Court Of Madhya Pradesh
                                                    MCRC-27201-2021
                                              (RAMKUSHAL @ KUSHAL KAHAR Vs THE STATE OF M.P. AND OTHERS)


                                  Jabalpur, Dated : 07-07-2021
                                        Heard through Video Conferencing.

                                        Shri V.K. Dubey, learned counsel for the applicant.
                                        Shri Punit Shroti, learned P.L. for the respondent/State.

Case dairy perused.

This is the second application under Section 439 Cr.P.C. for grant of

bail. Applicant Ramkushal @ Kushal Kahar was arrested on 18/08/2020 in connection with Crime No.280/2020 registered at Police Station Ramnagar, District Satna (M.P) for the offence punishable under Sections 376(3), 506 of the IPC and Section 3/4 of the POCSO Act.

The first application filed by the applicant was dismissed on merit by Coordinate Bench this Court vide order dated 20/01/2021 passed in M.Cr.C.No.42012/2020.

As per the prosecution case, on 16/08/2020 when the prosecutrix, who was minor was going for grazing the cattle adjacent to her village, on the way

applicant met her and took her near bamboo tree and committed rape with her and also threatened to kill her.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. Although, first bail application filed by the applicant was dismissed on merit, but the applicant has been in custody since 18/08/2020 and the trial is still pending, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that the first bail application filed by the applicant was dismissed on merit by the coordinate Bench of this Court, thereafter there is no change in circumstance, so he should not be released on bail.

The first application filed by the applicant was dismissed on merit by Signature Not Verified SAN Coordinate Bench this Court vide order dated 20/01/2021 passed in Digitally signed by ANURAG SONI Date: 2021.07.08 12:12:44 IST 2 MCRC-27201-2021 M.Cr.C.No.42012/2020, thereafter there is no change in circumstance except custody period of the applicant. Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its Director reported in (2007) 1 SCC 70 held that bail, can not be granted solely on the ground of long incarnation in jail and inability of accused to conduct the

defence. Apex Court in the case of State of M.P. v. Kajad, (2001) 7 SCC 6 7 3 observed "It is true that successive bail applications are permissible under the changed circumstances. But without the change in the circumstances, the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law as has been held by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa [(2001) 1 SCC 169 : 2001 SCC (Cri) 113] and various other judgments."

It is alleged that the applicant committed rape with a minor girl aged about 14 years, so looking to the gravity of offence this Court is not inclined to grant bail to the applicant.

Hence, M.Cr.C. is rejected.

(RAJEEV KUMAR DUBEY) JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.07.08 12:12:44 IST