High CourtsSingle Bench(2020) 08 MP CK 0242

Sailendra Dhakad vs State Of MP

Madhya Pradesh High Court · Decided on 11 August 2020

HON’BLE JUDGES
G. S. Ahluwalia, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No. 26605 Of 2020

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Judgment

5 paragraphs · 210 words

This 7th Application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 17/08/2018 in connection with Crime No.124/2018 registered at Police Station Indergarh, District Datia for offence under Sections 366, 376D, 506 of IPC.

It is submitted by the counsel for the applicant that after rejection of the last application on merits by order dated 30/12/2019 passed in MCRC No.54028/2019, the mother of the prosecutrix has also been examined, however, it is fairly conceded that even the mother of the prosecutrix has supported the prosecution case.

The counsel for the applicant tried to address on the question of credibility and reliability of the evidence of the prosecutrix as well as her mother, but in the light of the judgment passed by the Supreme Court in the case of Satish Jaggi vs. State of Chhattisgarh and Others, reported in (2007) 11 SCC 195, this Court cannot appreciate the reliability and credibility of evidence of the witnesses at the stage of bail.

In view of the allegations coupled with the fact that the previous application has already been rejected on merits, no change in the circumstances could be pointed out by the counsel for the applicant, this application fails and is hereby rejected.