Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 898 (MP)

Sunil v. State Of Madhya Pradesh

2020-09-14

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. 2. The applicant is in jail since 10.6.2020 in connection with Crime No.238/2020 registered at Police Station-Kolar Road, District-Bhopal for offence punishable under Sections 363, 366, 376(2)(n), 376(3), 376(D), 344, 506 of IPC and Sections 3/4, 5(i)/6, 5(n)/6, 5(g)/6 of Protection of Children from Sexual Offences Act, 2012. 3. T h e case of the prosecution against the applicant, in short, the applicant and another co-accused, who was a juvenile, administered some intoxicating substance to the prosecutrix, who was minor at the time of incident. When the prosecutrix became unconscious, they took her with them and committed gang rape upon her. When the prosecutrix was left, she lodged a report against the applicant and other co-accused person. 4. Learned counsel for the applicant submits that the prosecutrix was having relationship with co-accused person, who was a juvenile. The applicant did not commit rape upon the prosecutrix. The applicant has falsely been implicated in the case by the prosecutrix. Looking to the present situation of widespread of Novel Corona Virus, it is prayed that the applicant be enlarged on bail. 5. Learned Panel Lawyer for the respondent/State opposes the application. He submits that in the FIR and also in her statement recorded under Section 164 of the Cr.P.C., the prosecutrix has categorically stated that the applicant has also committed rape upon her. Prima facie sufficient evidence is available on record against the applicant, therefore, it is prayed that this application be dismissed. 6. Having heard the learned counsel for both the parties and on a perusal of the FIR and statement of the prosecutrix recorded under Section 164 of the Cr.p.C., prime facie offence of gang-rape is found against the applicant. 7. Looking to the gravity of offence committed by the applicant, this Court is not inclined to enlarge the applicant on bail. 8. Consequently, this application under Section 439 of the Code of Criminal Procedure filed by applicant Sunil is hereby dismissed.