Ramu @ Ram Naresh vs The State Of Madhya Pradesh
2022 Latest Caselaw 685 MP

THE HIGH COURT OF MADHYA PRADESH MCRC.2253/2022 Ramu alias Ramnaresh v. State of M.P

Gwalior, Dated: 13.01.2022

Shri D.S. Rajawat, counsel for the Applicant.

Shri APS Tomar, Counsel for the State.

Case Diary is not available.

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

filed for grant of bail. Previous application was dismissed by order

dated 05.07.2021 passed in M.Cr.C. No. 31398/2021.

The applicant has been arrested on 24.01.2021 in connection

with Crime No.21/2021 registered by Police Station Mow Distt.

Bhind for offence punishable under Sections 450, 366, 506, 343, 376

(2) (n), 376 (2) (f) of IPC.

It is submitted by the Counsel for the applicant that prosecutrix

has been examined and she has supported the prosecution case, but it

appears that she is the consenting party.

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

case of Mamta Nair v. State of Rajasthan reported in (2021) 7 SCC

442, mere recording of evidence of the complainant cannot be a good

ground for grant of bail. Whether the prosecutrix was the consenting

party or not is yet to be decided by the trial Court.

In view of the evidence of the prosecutrix, no case is made out

for grant of bail. The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2022.01.13 17:16:58 +05'30'