Nafish Mohammed vs The State Of Madhya Pradesh
2021 Latest Caselaw 3239 MP

      THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C. No. 11367/2021
            ( Nafish Mohammad Vs. State of M.P.)
                                                                   1

Jabalpur, Dated : 13 / 07/ 2021
      Heard through video conferencing.
      Shri Vishnu Kumar Patel, counsel for the applicant.
      Shri Pradeep Dwivedi, P.L. for the respondent / State.

Heard with the aid of case diary.

This is fourth bail application of the applicant which is pending since 10.03.2021. Today also learned counsel for the applicant does not want to argue the matter. So the matter is considered on the basis of averments made by the applicant in the petition.

This is fourth application filed under section 439 Cr.P.C. Applicant Nafish Mohammad was arrested on 17.07.2019 in Crime No. 125/2018 registered at Police Station Gunnour, District Panna for the offence punishable under Section 376(2)(n) of IPC and Section 5(1)(6) of POSCO Act.

Earlier first and third bail applications of the applicant have been dismissed on merits vide orders dated 17.10.2019 and 11.11.2020 passed in M.Cr.C. No.40337/2019 and M.Cr.C. No. 12410/2020 respectively while the second bail application was dismissed as withdrawn vide order dated 07.02.2020 passed in M.Cr.C. No. 52322/2019 As per the prosecution case, applicant sexually exploited the prosecutrix, who was minor.

The applicant has averred in this petition that he is innocent and has falsely been implicated in this case. The prosecutrix was in relationship with the applicant and lodged false report against the applicant. The applicant has been in custody since 17.07.2019 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 11367/2021 ( Nafish Mohammad Vs. State of M.P.)

Learned counsel for the State opposed the prayer Earlier first and third bail applications of the applicant have been dismissed on merits vide orders dated 17.10.2019 and 11.11.2020 passed in M.Cr.C. No.40337/2019 and M.Cr.C. No. 12410/2020 respectively 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 673 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 applicant sexually exploited a minor girl, so looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the applicant.

Hence, the M.Cr.C. is rejected.

                                                             (Rajeev Kumar Dubey)
sarathe                                                            Judge




          Digitally signed
          by NAVEEN
          KUMAR SARATHE
          Date: 2021.07.13
          17:35:16 +05'30'