Rahul Chandel Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 7134 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-52703-2021 Rahul Chandel Jatav Vs. State of MP and anr.

Gwalior, Dated: 08-11-2021

Shri Mohit Bhadoriya, Counsel for the applicant.

Shri BPS Chauhan, Counsel for the State.

Case Diary is available.

This fifth application under Section 439 of CrPC has been filed

for grant of bail. Fourth application of the applicant was dismissed on

merits by order dated 09.09.2021 passed in M.Cr.C. No.44580/2021.

The applicant has been arrested on 17.07.2020 in connection

with Crime No.378/2020 registered at Police Station Thathipur Distt.

Gwalior for offence under Sections 376(2)(N), 323, 506 of IPC and

Section 3/4 of POCSO Act.

It is submitted by the counsel for the applicant that although

the prosecutrix has supported the prosecution case in her

examination-in-chief, but her cross-examination makes her evidence

unreliable. Thereafter her parents have also been examined and they

have not supported the prosecution case.

So far as the reliability and credibility of a witness is

concerned, in the light of the judgment passed by the Supreme Court

in the case of Satish Jaggi Vs. State of Chhattisgarh reported in

(2007) 11 SCC 195, same cannot be considered by this Court at the

stage of bail.

THE HIGH COURT OF MADHYA PRADESH MCRC-52703-2021 Rahul Chandel Jatav Vs. State of MP and anr.

As no change in the circumstances could be pointed out by the

counsel for the applicant, accordingly, the application fails and is

hereby dismissed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.11.08 16:16:12 +05'30'