Sanjay vs The State Of Madhya Pradesh
2021 Latest Caselaw 7873 MP

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 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                   M.Cr.C. No.50486 of 2021
                   Sanjay Vs. State of M.P.

Indore, Dated:- 25/11/2021
     Shri S. K. Meena, Counsel for the applicant - Sanjay.

     Shri Sanjay Karanjawala, Counsel for the respondent/State.

They are heard. Perused the case-diary.

This is the second application under Section 439 of

Criminal Procedure Code, 1973 as he is implicated in connection

with Crime No.103/2021 registered at Police Station Biaora,

District Rajgarh (MP) for offence punishable under Sections 376,

452 & 506 of IPC. The applicant is in custody since 15/02/2021.

His first bail application M.Cr.C. No.25297 of 2021 has

already been dismissed by this Court vide order dated 26.07.2021

as withdrawn.

Counsel for the applicant has submitted that the prosecutrix

has already been examined and there are material omissions and

contradictions in her statements, which raises serious doubt about

the veracity of the case of the prosecution and in fact it was a

case of consent.

Counsel for the respondent/State, on the other hand, has

opposed the prayer.

On due consideration of submission and on perusal of the

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.50486 of 2021 Sanjay Vs. State of M.P.

case-diary as also the deposition of the prosecutrix, it is found

that so far as her examination-in-chief is concerned, she has

supported the case of the prosecution. In such circumstances if

she has been cross-examined on certain aspect of the matter, it is

for the trial Court to adjudicate upon the same at the time of

delivering the final judgment. In view of the same, no case for

grant of bail is made out.

Accordingly, the application is dismissed.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.11.25 17:46:34 +05'30'