Suraj Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 2571 MP

          THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C. No. 28097/2021
                  Suraj Jatav vs. State of MP

                       Through Video Conferencing

Gwalior, Dated : 21.06.2021

         Shri Rambeer Singh Gurjar, Counsel for the applicant

         Shri R.K. Awasthy, Counsel for the State.

         Case diary is available.

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

filed for grant of bail. First application was dismissed by order dated

15.02.2021

passed in M.Cr.C. No.4964/2021 on merits.

The applicant has been arrested on 24.12.2020 in connection

with Crime No. 586/2019 registered at Police Station Gwalior Distt.

Gwalior for offence under Section (s) 376 of IPC and 3/ 4 of

Protection of Children from Sexual Offences Act.

This bail application has been filed on the ground of delay.

After rejection of first bail application, the police has filed charge-

sheet.

By referring to the statement of the prosecutrix recorded under

Section 164 of Cr.P.C., it is submitted by Counsel for the applicant

that the prosecutrix has stated that she on her own had gone with the

applicant and is blessed with a child of the applicant It is further

submitted that there are two sets of documents containing two

different dates of birth of the prosecutrix, therefore it is clear that she

is major.

Per contra, the application is vehemently opposed by the THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 28097/2021 Suraj Jatav vs. State of MP

Counsel for the State.

Heard the learned Counsel for the parties.

So far as two sets of date of birth of prosecutrix is concerned,

this aspect has already been considered in detail by this Court by

order dated 15.02.2021 and it has been held that the prosecutrix is

minor.

So far as the statement made by the prosecutrix under Section

164 of Cr.P.C is concerned, it is not the case of the applicant that he

had never enticed the prosecutrix to elope with him.

In the light of judgment passed in the case of Anversinh @

Kiransinh Fatesinh Zala Vs. State of Gujarat in CRA

No.1919/2010, it is clear that even if the minor girl leaves her house

on her own on the enticement by accused, then the offence would be

made out.

Considering the fact that prosecutrix was minor, no case is

made out for grant of bail.

Application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2021.06.22 10:07:46 +05'30'