Jeewan Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 549 MP

    1      THE HIGH COURT OF MADHYA PRADESH
                     M.Cr.C. No.11644/2021
                Jeewan Kushwah Vs. State of M.P.

Gwalior, Dated :8/03/2021

        Shri RKS Kushwaha, Advocate for applicant.

        Shri BPS Chauhan, Public Prosecutor for respondent/State.

Case diary is available.

This is first application under Section 439 of Cr.P.C. filed for

grant of bail.

The applicant has been arrested on 6/10/2020 in connection

with Crime No.337/2020 registered at Police Station Sironj, District

Vidisha for offence under Sections 363, 366, 376 (2) (n), 344 of IPC

and Section 5/6 of the POCSO, Act.

It is submitted by the counsel for the applicant that the

prosecutrix was a consenting party and the applicant has married her

and she is pregnant.

Per contra, it is submitted by the counsel for the State that

according to the school certificate, the date of birth of the prosecutrix

is 20/12/2004, therefore, she is minor and under these circumstances,

even if she was a consenting party, still her consent would be

immaterial.

Heard learned counsel for the parties.

Considering the fact that the prosecutrix is minor and in the

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

Independent Thought vs. Union of India & Anr. reported in (2017) 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.11644/2021 Jeewan Kushwah Vs. State of M.P.

10 SCC 800, 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 2021.03.09 14:47:04 +05'30'