Gudda @ Dheerendra Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 9606 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 13th OF JULY, 2022

        MISCELLANEOUS CRIMINAL CASE No. 32992 of 2022

         Between:-
         GUDDA @ DHEERENDRA GURJAR S/O SHRI
         SEVA RAM GURJAR, AGED - 42 YEARS,
         OCCUPATION:    AGRICULTURIST,     R/O
         AHYODHYA    NAGARI,   GOL   PAHADIYA,
         LASHKAR, GWALIOR (MADHYA PRADESH)

                                                                .....APPLICANT
         (BY SHRI DHARMENDRA NAYAK - ADVOCATE)

         AND

         STATE OF MADHYA PRADESH THROUGH ITS
         STATION HOUSE OFFICER POLICE STATION
         JANAKGANJ, DISTRICT GWALIOR (MADHYA
         PRADESH)

                                                             .....RESPONDENT
         (BY SHRI P.P.S.VAJEETA - PUBLIC PROSECUTOR)

       This application coming on for hearing this day, the court passed the
following:
                                    ORDER

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 02/06/2022 in connection with Crime No.699/2021 registered at Police Station Janakganj, District Gwalior for offence under Sections 376, 376-D, 506 and 34 of IPC.

It is submitted by the counsel for the applicant that on 21/03/2022, the prosecutrix turned hostile, thereafter, the applicant has surrendered on

02/06/2022.

Thus, in the light of the judgment passed by the Supreme Court in the case of of A.T. Maydeen and another vs. The Assistant Commissioner, Customs Department decided on 29.10.2021 in Criminal Appeal No.1306/2021, the evidence led in absence of the applicant cannot be read either in his favour or against him.

According to the prosecution case, on 11/09/2021, the prosecutrix lodged a written report against co-accused Maniram Dhakad. Thereafter, her statement under Section 164 of Cr.P.C. was recorded and her supplementary statement under Section 161 of Cr.P.C. was also recorded on 15/09/2021 and

in that supplementary statement, it was further alleged by the prosecutrix that after about one month of the incident, the father of Maniram Dhakad namely Mangal Singh met with her in front of her house and on the pretext of talking to her he took her to near by room where she was raped by the applicant, Maniram and co-accused Ramsevak. It is submitted that since, the allegations were made belatedly, therefore, it cannot be said that the applicant had committed rape on her. It is further submitted that co-accused Ramsevak has been granted bail by the Sessions Court itself and the allegations against the applicant and Ramsevak are identical.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that it is a case of gang rape. The applicant was absconding for the last more than one year. The incident took place some times in the month June, 2021 and he had surrendered on 02/06/2022.

Order dated 28/05/2022 by which Ramsevak has been granted bail by Eleventh Additional Sessions Judge, District Gwalior has been placed on record. It is clear that merely on the ground that the name of co-accused

Ramesevak came on the record for the first time on 15/09/2021, he has been released.

Be that whatever it may.

Considering the totality of the facts and circumstances of the case, coupled with the fact that the allegation of rape has been made against the applicant and he was absconding and he surrendered only after the prosecutrix turned hostile, no case is made out for grant of bail.

Accordingly, the application fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.13 17:15:59 -07'00'