Shivpal Singh vs State Of MP And Anr

G.S. Ahluwalia, J

This is second application filed under Section 439 of Cr.P.C. for grant of bail. First application of the applicant was dismissed as withdrawn by order

dated 08.01.2021 passed in M.Cr.C. No. 54060/2020.

The applicant has been arrested on 16.12.2020 in connection with Crime No.240/2020 registered by Police Station Mragwas, District Guna for

offence punishable under Sections 376, 506 of IPC and Section 3/4 of POCSO Act.

It is submitted by the counsel for the applicant that even if the prosecution story is accepted, then it is clear that there is no allegation of rape against

the applicant and it is further submitted that he has been falsely implicated because he is the real brother of the co-accused. It is further submitted that

there is a delay of 5 days in lodging the FIR.

Per contra, the application is opposed by the counsel for the respondent/State. It is submitted by the counsel for the State that according to the

prosecution case, the applicant came to the house of the prosecutrix and informed that his mother is calling her in the house and, accordingly, the

prosecutrix went along with the applicant to his house and she found that there was nobody in the house except the co-accused, who forcibly

committed rape on her. It is further submitted that it is true that there is no allegation of rape against the applicant, but the applicant had played a

prominent role in the commission of offence. Further, the date of birth of the prosecutrix is 02.04.2007 and whether the delay in lodging the FIR would

be fatal or not, is yet to be considered by the High Court.

Considering the allegations made against the applicant, no case is made out for grant of bail.

The application fails and is hereby dismissed.