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Madhya Pradesh High Court · body

2014 DIGILAW 1317 (MP)

Satish @ Kalla Dhakad v. State of M. P.

2014-10-13

SHEEL NAGU

body2014
JUDGMENT : Case Diary is perused. 2. Learned counsel for the rival parties are heard. The applicant has filed this 1st bail application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Kailaras, District Morena in connection with Crime No.348/2013 registered in relation to the offences punishable u/Ss. 376(2)(g) of IPC, u/S 3(1)(2) of SC/ST (Prevention of Atrocities) Act and u/S 3/4 of Prevention of Children from Sexual Offences. 3. Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. 4. The applicant is in custody since 25.10.2013 and offence of rape is alleged against him alongwith other co-accused. Reading of the statement of prosecutrix recorded before the trial Court does not indicate that the same is exculpatory in nature. Learned counsel for the applicant contends that statement contain number of contradictions and embellishments, this Court is afraid that these contradictions and embellishments are not of such nature that the statement of prosecutrix in examination-in-chief gets demolished. 5. In view of the above, no case for bail is made out. Accordingly, this 1st bail application u/S 439 Cr.P.C. is hereby rejected