Madhya Pradesh High Court
Aniket Kushwaha vs The State Of Madhya Pradesh on 15 December, 2023
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 15 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 55162 of 2023
BETWEEN:-
ANIKET KUSHWAHA S/O BHAGATRAM KUSHWAHA,
AGED ABOUT 20 YEARS, OCCUPATION: AGRICULTURE
R/O VILLAGE MAHOLI POLICE STATION GUNGA
DISTRICT BHOPAL (MADHYA PRADESH)
.....APPLICANT
(BY SHRI K.P. SINGH - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH POLICE
STATION GUNGA DISTRICT BHOPAL (MADHYA
PRADESH)
2. VICTIM A NOT MENTION (MADHYA PRADESH)
.....RESPONDENTS
(SHRI G.S. THAKUR - GOVERNMENT ADVOCATE FOR RESPONDENT NO.1
AND SHRI GHANSHYAM SHARMA - ADVOCATE FOR RESPONDENT NO.2)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the fourth bail application under Section 439 of Cr.P.C filed by
the applicant for grant of bail. His first application was dismissed as withdrawn
vide order dated 23.11.2021 passed in M.Cr.C. No.47219 of 2021 with liberty
to repeat the same after recording of the statement of the material witnesses.
The second application was also dismissed as withdrawn vide order dated
28.04.2022 passed in M.Cr.C. No.15393 of 2022 with liberty to repeat the same
after recording the statements of victim before the trial court. Third application
was rejected on merits vide order dated 23.06.2023 passed in
M.Cr.C.No.21775 of 2023.
The applicant has been arrested on 04.07.2021 by Police Station Gunga,
District Bhopal in connection with Crime No.235/2021 registered in relation to
the offence punishable under Sections 363, 366, 376 (3) of the IPC and Section
3/4 of the Protection of Children From Sexual Offences Act, 2012.
This repeat application has been filed on the ground of custody period of
the applicant. Applicant is in custody since 04.07.2021 and there are material
contradictions and omissions in the statement of the prosecutrix. There is no
further requirement of custodial interrogation of the present applicant. He is
ready to abide by all the terms and conditions that may be imposed by this
Court while considering his bail application. In view of the aforesaid, he prays
for grant of bail.
Per contra, learned counsel appearing for the State vehemently opposed
the application stating therein that his application has already been rejected on
merits on earlier occasion. It is submitted that the 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. There are no new ground available for consideration except the custody
period of the applicant. Hence, no case for grant of bail is made out.
Considering the overall facts and circumstances of the case, coupled with
the fact that there are no new ground available for consideration except the
custody period of the applicant and in view of the law settled by the Hon'ble
Supreme Court in the case of Satish Jaggi (supra), no case for grant of bail is
made out.
The application is hereby rejected.
(VISHAL MISHRA)
JUDGE
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