Rahul Prajapati vs The State Of Madhya Pradesh
2022 Latest Caselaw 6234 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-21008-2022 Rahul Prajapati Vs. State of MP and another

Gwalior, Dated: 26.04.2022

Shri Ankur Tiwari, Counsel for the applicant.

Shri PPS Vajeeta, Counsel for the State.

Case Diary is not available.

This fourth application under Section 439 of CrPC has been

filed for grant of bail. Third application of the applicant was

dismissed by order dated 02.07.2021 passed in M.Cr.C.

No.31506/2021.

The applicant has been arrested on 27.02.2021 in connection

with Crime No.80/2021 registered at Police Station Vishwavidyalaya

District Gwalior for offence under Sections 363, 366, 376 of IPC and

Section 3/4 of POCSO Act.

It is submitted by the counsel for the applicant that although

the prosecutrix has been examined and she has supported the

prosecution case, but there are material omissions and contradictions

in her evidence which make her evidence unreliable and

untrustworthy.

So far as the reliability and credibility of a witness is

concerned, this Court 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, cannot adjudicate the

reliability and credibility of a witness at the stage of bail.

THE HIGH COURT OF MADHYA PRADESH MCRC-21008-2022 Rahul Prajapati Vs. State of MP and another

Accordingly, no case is made out for taking a contrary view in

the matter. This application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.04.26 17:59:17 +05'30'