Nafish Mohammed vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

Heard with the aid of case diary.

This is third application filed under Section 439 of Cr.P.C. for grant of bail. Applicant Nafish Mohammed was arrested on 17/07/2019 in connection with Crime No.125/2018 registered at Police Station Gunnor, District Panna (M.P.) for the offence punishable under Sections 376(2)(n), 506 of the IPC and Section 5(L), 6 of the POCSO Act.

The first bail application filed by the applicant was dismissed on merit by this Court vide order dated 17.10.2019 passed in M.Cr.C.No.40337/2019 and the second bail application filed by the applicant was dismissed as withdrawn by this Court vide order dated 07.02.2020 passed in M.Cr.C. No.52322/2019.

A s per the prosecution case, applicant sexually exploited the prosecutrix, who was minor.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The prosecutrix was major and consenting party. The applicant has been in custody since 17/07/2019 and conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer and submitted that the applicant sexually exploited the prosecutrix, who was minor, so he should not be released on bail.

Earlier the first bail application filed by the applicant was dismissed on m e r i t by this Court vide order dated 17.10.2019 passed in M.Cr.C.No.40337/2019 and the second bail application filed by the applicant was dismissed as withdrawn by this Court vide order dated 07.02.2020 passed in M.Cr.C. No.52322/2019 and thereafter there has been no change in circumstances except the custody period. Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its Director,

(2007) 1 SCC 70 held that bail, cannot be granted solely on the ground of long incarnation in jail and inability of accused to conduct the defence.

It is alleged that applicant sexually exploited the minor girl, so looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the applicant.

Accordingly, M.Cr.C. is dismissed.