Mohar Singh Sengar (Jatav) vs The State Of Madhya Pradesh
2022 Latest Caselaw 8183 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 21st OF JUNE, 2022

               MISC. CRIMINAL CASE No. 29639 of 2022

        Between:-
        MOHAR SINGH SENGAR (JATAV) S/O SHRI LAL
        KISHAN JATAV, AGED 36 YEARS, R/O MARI
        MATA, KUSHWAHA MOHALLA, PHOOLBAG,
        POLICE STATION PADAV, DISTRICT GWALIOR
        (MADHYA PRADESH)

                                                               .....APPLICANT
        (BY MS. AYUSHI YADAV - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE   STATION  THATIPUR,  DISTRICT
        GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENT
        (BY SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR)

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

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 by order dated 28.6.2021 passed in M.Cr.C.No.29376/2021.

The applicant has been arrested on 22.10.2020 in connection with Crime No.597/2020 registered at Police Station Thatipur, District Gwalior for offence under Sections 292-A, 506, 507, 376(2) (n)of IPC.

It is submitted by the Ms. Yadav that by mistake the examination-in-chief

of the prosecutrix could not be filed and, accordingly, the examination-in-chief of the prosecutrix was provided to the Court.

The same is taken on record.

It is submitted by the counsel for the applicant that although the prosecutrix has supported the prosecution case but from her cross-examination it appears that she was a consenting party.

In view of the judgment passed by the Supreme Court in the case of Satish Jaggi vs. State of Chhattisgarh reported in (2007) 11 SCC 195, it is beyond jurisdiction of this Court to adjudicate the reliability and credibility of a witness at the stage of bail.

Since the prosecutrix has supported the prosecution case, therefore, no case is made out for taking a contrary view in the matter.

The application fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.06.21 16:33:58 +05'30'