Rambabu Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 5961 MP

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           THE HIGH COURT OF MADHYA PRADESH
                   M.Cr.C. No.19304/2022
               Rambabu Ahirwar Vs. State of MP

Gwalior, Dated : 22/04/2022

      Shri Ashfaq Khan, Counsel for the applicant.

      Shri Rajeev Upadhyay, Counsel for the State.

      Case diary is available.

      This second application under Section 439 of CrPC has been

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

03.08.2021

passed in M.Cr.C. No.35701/2022.

The applicant has been arrested on 05.06.2021 in connection

with Crime No.157/2021 registered by Police Station Bhadurpur Distt.

Ashoknagar for offence punishable under Section(s) 363, 376(3),

376(2)(n) of IPC and Section 5L/6, 5N/17 of POCSO Act.

Previous application of the applicant was dismissed as

withdrawn after arguing the matter at length. The prosecutrix is minor

aged about 14 years.

It is submitted by the counsel for the applicant that the only

allegation against the applicant is that he had kidnapped the

prosecutrix and handed over to the main accused who is alleged to

have committed rape on her.

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

case of Anversinh @ Kiransinh Fatesinh Zala Vs. State of Gujarat

in Criminal Appeal No. 1919/2010 decided on 12.01.2021, this Court

is of the considered opinion that no case is made out for grant of bail.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.19304/2022 Rambabu Ahirwar Vs. State of MP

Accordingly, the application fails and is hereby dismissed.

However, liberty is granted to revive the prayer after the examination

of the prosecutrix.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2022.04.22 15:52:00 +05'30'