Rahul vs The State Of Madhya Pradesh
2023 Latest Caselaw 6967 MP

                                                              1
                           IN      THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                  ON THE 28 th OF APRIL, 2023
                                          MISC. CRIMINAL CASE No. 13419 of 2023

                          BETWEEN:-
                          RAHUL S/O GHUDIYA, AGED ABOUT 19 YEARS, BY
                          CASTE KUCHBANDIYA BY OCCUPATION STUDENT R/O
                          VILLAGE DO PEEPAL BABA COLONY SEONIMALWA
                          DISTRICT HOSHANGABAD (MADHYA PRADESH)

                                                                                             .....APPLICANT
                          (BY SHRI ABHAY GUPTA - ADVOCATE)

                          AND
                          1.      THE STATE OF MADHYA PRADESH THROUGH P.S.
                                  SEONI MALWA DISTRICT- HOSHANGABAD
                                  (MADHYA PRADESH)

                          2.      VICTIM A D/O NOT MENTION NOT MENTION
                                  (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                          (BY SHRI AMIT BHURRAK - ADVOCATE)

                                  This application coming on for admission this day, the court passed the

                          following:
                                                               ORDER

This is the forth bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His first and third bail applications were dismissed as withdrawn vide order dated 05.01.2022 and 11.11.2022 in M.Cr.C Nos.25842 of 2021 and 52141 of 2022 respectively and second bail application was rejected on merit vide order dated 28.04.2022 passed in M.Cr.C. No.16724 of 2022.

Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 4/29/2023 1:29:31 PM

T h e applicant has been arrested on 13.02.2021 by Police Station Seonimalwa, District Hoshangabad (M.P.) in connection with Crime No.66/20201 for the offence punishable under Sections 376, 376(3) and 506 of IPC and under Section 5j(ii)/6 of POCSO Act.

It is submitted that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. The repeat application has been filed on the ground that the statements of the victim has been recorded before the trial Court and there are material contradictions and omissions in her statement. He has further dispute the identity of the applicant from the statement of the victim.

Per contra, learned counsel appearing for the State vehemently opposed the application stating that the victim has remained consistent in her statement recorded under Section 161 and 164 of Cr.P.C and subsequently in her statement before the trial Court. The documents recovered/prepared during the investigation also reflect the name of the applicant. Contradictions and omissions in the statements of the witnesses cannot be considered at the bail stage in view of the judgment passed by the Hon'ble Supreme Court in the case of Satish Jaggi Vs. State of Chhattisgarh and others reported in 2007 Vol 11 SCC 195. Hence, he prays for dismissal of the application.

Under these circumstances, this Court is not inclined to allow this bail application at this stage.

Application is hereby rejected.

(VISHAL MISHRA) JUDGE Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 4/29/2023 1:29:31 PM

Prar

Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 4/29/2023 1:29:31 PM