Sohail Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 275 MP

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                   THE HIGH COURT OF MADHYA PRADESH
                            MCRC No.64042/2021
                         Sohail Khan vs. State of M.P.

         Gwalior, Dated : 05/01/2022

               Ms. Ayushi Vyas, Counsel for the applicant.

               Shri C.P. Singh, Panel Lawyer for the respondent/State.

Case diary is available.

This fourth application under Section 439 of Cr.P.C. has been

filed for grant of bail. The third application was dismissed as

withdrawn by order dated 17.9.2021 passed in

M.Cr.C.No.46246/2021.

The applicant has been arrested on 15.11.2020 in connection

with Crime No.707/2020 registered at Police Station Civil Line,

District Morena for offence under Sections 376D, 366, 342 and 120-B

of IPC.

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

prosecutrix has supported the prosecution case but it appears from the

cross-examination that she was a consenting party.

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

case of Satish Jaggi vs. State of Chhatisgarh reported in (2007) 11

SCC 195, the reliability and credibility of evidence cannot be

considered by this Court at the stage of bail. Accordingly, no case is

made out for grant of bail.

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2022.01.05 17:14:36 +05'30'