Madhya Pradesh High Court
Mukesh Baiga vs The State Of Madhya Pradesh on 30 July, 2021
Author: Rajeev Kumar Dubey
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 27110/2021
( Mukesh Baiga Vs. State of M.P.)
1
Jabalpur, Dated : 30 / 07/ 2021
Heard through video conferencing.
Shri V.K. Sonkeshariya, learned counsel for the applicant.
Shri Sanjeev Singh Parihar, learned P.L. for the respondent-
State.
Heard with the aid of case diary.
This is fourth application filed under section 439 Cr.P.C.
Applicant Mukesh Baiga was arrested on 14.07.2019 in Crime
No. 223/2019 registered at Police Station Keolari, District Seoni
for the offence punishable under Sections 376, 376(2)(n), 376(2)
(f) of IPC and Section 4 ,6 of POCSO Act.
The first application of the applicant has been dismissed as
withdrawn vide order dated 11.11.2019 passed in M.Cr.C. No.
44809/2019. The second application was dismissed on merits vide
order dated 23.07.2020 passed in M.Cr.c. 15468/2020 while the
third application was dismissed as withdrawn vide order dated
17.12.2020 passed in M.Cr.C. No. 49506/2020 with direction to
the trial court to dispose of the case within a period of six months
from the date receipt of the copy of the order dated 17.12.2020.
As per the prosecution case, applicant abducted the
prosecutrix who was minor and sexually exploited her on the
pretext of marriage.
Learned counsel for the applicant submits that the applicant
is innocent and has falsely been implicated in this case. Earlier this
court vide order dated 17.12.2020 passed in M.Cr.C. No.
49506/2020 directed the trial court to dispose of the case within a
period of six months from the date of receipt of the copy of the
order dated 17.12.2020 but the trial is still pending. Prosecutrix is
not appearing before the trial court. The applicant has been in
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 27110/2021
( Mukesh Baiga Vs. State of M.P.)
custody since 14.07.2019 and the conclusion of trial will take
time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and
submitted that earlier one bail application of the applicant has
been rejected on merits thereafter there is no change the
circumstances, so applicant should not be released on bail.
The second bail application has been dismissed on merits
by this court vide orders dated 23.07.2020 passed in M.Cr.C.No.
15468/2020. Thereafter, there has been no change in the
circumstances, except the custody period.
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 and the
allegation, this court is not inclined to grant bail to the applicant.
Hence, the M.Cr.C. is rejected.
However, it appears from the record that this Court vide
order dated 17.12.2020 passed in M.Cr.C. No. 49506/2020
directed the trial court to dispose of the case within a period of six
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 27110/2021
( Mukesh Baiga Vs. State of M.P.)
months but the trial is still pending. So the trial court is directed to
dispose of the case as early as possible preferably within a period
of six months from the date of receipt of the copy of this order.
Office is directed to send the copy of this order to the
concerned Court for information and necessary compliance.
Learned trial Court is also directed to send progress report of the
trial every month to the Principal Registrar (J-II).
(Rajeev Kumar Dubey)
sarathe Judge
Digitally signed by
NAVEEN KUMAR
SARATHE
Date: 2021.07.30
17:27:33 +05'30'
