MCRC/3147/2018 of VIKAS @ PRADHUMAN SINGH Vs THE STATE OF MADHYA PRADESH THR on 1 January 2000

Arguments

THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No. 3147/2018(Vikas alias Pradyumn Singh Vs. State of MP)

Gwalior dated : 24.1.2018

Shri Dhirendra Singh, Advocate for applicant. ShriB.M.Patel,PublicProsecutorforRespondent/State.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application u/S439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police StationBahadurpur, District Ashoknagar in connection withCrime No.264/2017 registered in relation to the offencespunishable under sections 376 and 506 Part II of IPCand sections 3/4 of the POCSO Act.

Prosecution story, in nutshell, is that on 19/10/17,at about 7 a.m., when prosecutrix, aged about 17 years,had gone outside for washing her face, at that time,applicant came there and taking advantage of her beingalone, committed rape upon her. On hue and cry havingbeen raised by the prosecutrix, her mother came andseeing her, the applicant fled from the spot.

Learned counsel for the applicant submits thatapplicant has been falsely implicated. He submits thatthe incident has allegedly taken place on 19/10/17,whereas the FIR has been lodged on 26/10/17 i.e. witha delay of about 7 days. It is submitted that in MLC noinjury was found on the body of prosecutrix. It issubmitted that applicant is in custody since 27/10/17and conclusion of trial will take time. The applicant is apermanent resident of Village Barri, P.S. Bahadurpur, THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No. 3147/2018(Vikas alias Pradyumn Singh Vs. State of MP)

District Ashoknagar and there is no likelihood of hisabsconsion, if released on bail. With the aforesaidsubmissions, prayer for grant of bail is made.

Learned Public Prosecutor opposed the applicationby contending that on the basis of the allegations andthe material available on record, no case for grant of bailis made out. He submits that the MLC report indicatesevidence of sexual intercourse. Besides, in the FSLreport, human sperms have been found in the vaginalslide of the prosecutrix. That apart, in her statementrecorded under section 164 of the Cr.P.C., theprosecutrix has supported the proseuction version.

Having heard learned counsel for the parties, butwithout expressing any opinion on the merits of thecase, in the opinion of this Court, no case for grant ofbail is made out.

The application, accordingly, stands dismissed.

(and)

(S.A. Dharmadhikari) Judge

ANAND SHRIVASTAVA 2018.01.25 16:17:04 +05'30'