Sunil vs The State Of Madhya Pradesh
2022 Latest Caselaw 2856 MP

                                 -1-


      IN THE HIGH COURT OF MADHYA PRADESH AT INDORE

                              BEFORE
                HON'BLE SHRI JUSTICE ANIL VERMA

                  ON THE 28th OF FEBRUARY, 2022

               MISC. CRIMINAL CASE No. 6705 of 2022

  Between:-
  SUNIL S/O RAOJI HAMRE,
  AGED ABOUT 19 YEARS,
  OCCUPATION: NIL,
  GRAM SOLNA,
  P.S. GOGAVA (MADHYA PRADESH)
                                                       .....APPLICANT
  (BY MR. PALASH CHOUDHARY, ADVOCATE)

  AND

1. THE STATE OF MADHYA PRADESH,
   STATION HOUSE OFFICER,
   THROUGH POLICE STATION GOGAVA
   DISTRICT KHARGONE (MADHYA PRADESH)

2. VICTIM X THROUGH P.S. GOGAVA,
   DISTRICT KHARGONE (MADHYA PRADESH)
                                                   .....RESPONDENTS
  (R. NO.1 BY MS. BHARTI LAKKAD, GA)


      This MCRC coming on this day, the court passed the following:

                             ORDER

This is second bail application under Section 439 of the Code of

Criminal Procedure, 1973 filed on behalf of the applicant for grant of

bail. His earlier bail application i.e. M.Cr.C.No.53165/2021 was

dismissed on 22/11/2021. The applicant is implicated in connection

with Crime No.195/2021 registered at Police Station - Gogava, District

Khargone (M.P.) for commission of offence punishable under Section

363, 366, 376(3) and 376(2)(n) of the Indian Penal Code, 1860 read

with Section 3, 4, 5(L) and 6 of the Protection of Children from Sexual

Offences Act, 2012. The applicant is in custody since 20/05/2021.

As per prosecution story, on 21/04/2021, father of the

prosecutrix lodged an F.I.R. at police station - Gogava, Distt.-

Khargone to the effect that his minor daughter - prosecutrix is missing

since 20/04/2021. The prosecutrix was recovered and she narrated

before the police that the present applicant abducted her and took her

in a nearby village - Solna and committed rape upon her several

times. Therefore, offence has been registered against the applicant

and other co-accused persons.

Learned counsel for the applicant submits that the applicant is

innocent person and he has been falsely implicated in this offence. He

is in custody since 20/05/2021. Investigation is over and charge sheet

has been filed. As per the MLC report of the applicant, he is not found

capable to perform sexual intercourse. Therefore, no offence under

Section 376 of the IPC is made out against the applicant. The

prosecutrix has been examined before the trial Court but she did not

narrated against the present applicant. Final conclusion of the trial is

likely to take sufficient long time. Under the above circumstances,

prayer for grant of bail may be considered on such terms and

conditions, as this Court deems fit and proper.

Per contra, learned Panel Lawyer for the respondent - State

opposes the bail application and prays for its rejection.

Perused the impugned order of the trial Court as well as the

case diary.

Considering the facts and circumstances of the case, nature and

gravity of offence, arguments advanced by the learned counsel for the

applicant and also taking note of the fact that as per the prosecution

story the date of birth of the prosecutrix is 01/07/2005, prosecutrix has

categorically stated in her statement before the trial Court that

applicant abducted her and took her to the Village Solna and

committed rape upon her several times and the MLC report of the

applicant will be considered at the time of judgment on merit.

In view of the evidence available on record, this Court is not

inclined to allow the bail application filed by the applicant. Accordingly,

this second application filed by the application under Section 439 of

Cr.P.C. is dismissed.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej Digitally signed by TEJPRAKASH VYAS Date: 2022.02.28 18:20:42 -08'00'