Rajesh Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 3656 MP

   1     THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C. No.35270/2021
        Rajesh Kushwah Vs. The State of M.P. and another

                 Through Video Conferencing
Gwalior, Dated:27/07/2021

       Shri Rajiv Jain, Advocate for applicant.

       Shri A.K. Nirankari, Public Prosecutor for the State.

       Case diary is available.

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

filed for grant of bail. The second application was dismissed as

withdrawn     by    order   dated   7/5/2021      passed   in   M.Cr.C.

No.22488/2021.

       The applicant has been arrested on 6/2/2021 in connection with

Crime No.60/2021 registered at Police Station Basoda, District

Vidisha for offence under Sections 366, 363, 376 of IPC and Section

5/6 of the POCSO, Act.

       It is submitted by the counsel for the applicant that according

to the prosecution case, the parents of the prosecutrix were inclined

to get her married and she was not ready for the same, therefore, she

on her own went alongwith the applicant. However, after reading out

the MLC of the complainant, it is submitted that her hymen

membrane was absent. It is also admitted that the date of birth of the

prosecutrix is 3/2/2005 and she eloped with the applicant on

27/1/2021

.

Considered the submissions made by the counsel for the 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.35270/2021 Rajesh Kushwah Vs. The State of M.P. and another

applicant.

In the light of the judgment passed by the Supreme Court in

the case of Anversinh @ Kiransinh Fatesinh Zala Vs. State of

Gujarat in Criminal Appeal No.1919/2010 decided on

12.01.2021 coupled with the age of the prosecutrix, according to

which, she was only 16 years of age on the day when she eloped with

the applicant, no case is made out for grant of bail.

Accordingly, the application fails and is hereby, dismissed.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.07.27 18:33:48 +05'30'