Imran Shah vs The State Of Madhya Pradesh
2021 Latest Caselaw 3083 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.31603/2021 (IMRAN SHAH VS. STATE OF M.P.)

Through Video Conferencing

Gwalior, Dated : 07/07/2021

Shri Ajeet Singh Bhadauriya, learned counsel for the applicant.

Shri Manish Naik, learned counsel for the State.

Case diary is available.

This third repeat application under Section 439 of Cr.P.C. has

been filed for grant of bail. Previous bail application was dismissed

by order dated 30.04.2021 passed in M.Cr.C. No. 19830/2021.

The applicant has been arrested on 27/01/2021 in connection

with Crime No.17/2021 registered at Police Station Mihona, District

Bhind for offence under Sections 363, 366, 366-A, 376-DA of IPC

and Section 5/6 of POCSO Act.

It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant was keeping watch when the

co-accused was committing rape on minor prosecutrix. It is submitted

that there is no allegation of rape against the applicant.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that whether the applicant has

committed rape on her or not is immaterial because there was mens

rea on the part of the applicant in keeping watch when the co-

accused was committing rape on the minor prosecutrix. It is further

submitted that the applicant has criminal history and one offence

under Section 8/21 of NDPS Act was registered against the applicant

in the year 2019.

Considering the totality of the facts and circumstances of the

case, the application is dismissed with liberty to revive the prayer

after the judgment is passed in Crime No.62/2019.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2021.07.07 20:46:18 +05'30'