Bhola Tomar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7871 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 57394/2021 (BHOLA TOMAR Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 25/11/2021

Shri Rajeev Shrivastava, Counsel for applicant.

Shri C.P. Singh, Counsel for State.

Case diary is available.

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

grant of bail. The second bail application was dismissed by order

dated 11.06.2021 passed in M.Cr.C. No.26945/2021.

The applicant has been arrested on 11.8.2020 in connection

with Crime No.32/2020 registered at Police Station Chinnoni, District

Morena for offence under Sections 363, 366, 376 of IPC r/w Section

3/4 of the POCSO Act.

It is submitted by the Counsel for the applicant that prosecutrix

has been examined and in examination-in-chief, she has not narrated

about the physical relationship. However, it is fairly conceded that in

cross-examination by the public prosecutor, the prosecutrix admitted

that she had stayed with applicant as a husband and wife and they had

physical relationship and she further admitted that at the time of

physical relationship, she was less than 18 years of age.

In view of the above mentioned admissions made by the

prosecutrix as well as in the light of judgment passed by the Supreme

Court in case of Independent Thought vs. Union of India & Anr.

reported in (2017) 10 SCC 800 and Section 375 sixthly of IPC, no

THE HIGH COURT OF MADHYA PRADESH MCRC No. 57394/2021 (BHOLA TOMAR Vs THE STATE OF MADHYA PRADESH)

case is made out for grant of bail.

Accordingly, the application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2021.11.25 18:44:41 +05'30'