Madhya Pradesh High Court
Ballister Singh vs The State Of Madhya Pradesh Thr on 29 June, 2018
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Mcrc.24409/18
THE HIGH COURT OF MADHYA PRADESH
Mcrc.No.24409/18
Ballister Singh & another Vs State of M.P.
Gwalior Dt. 29/6/18
None for the petitioners.
None for the State.
Lawyers are abstaining from court work.
Case Diary is perused.
The petitioners have filed this first application u/S. 439
Cr.P.C. for grant of bail.
The petitioners have been arrested on 21/5/2018 by Police
Station Mata Basaiya, District Morena (M.P.) in connection with
Crime No.52/17, registered in relation to the offences punishable
u/Ss. 363, 366, 376(2)(d) IPC and Sec. 3/4 of the POCSO Act.
The petitioners are alleged with kidnapping and rape as
regards prosecutrix said to be aged 17 years but the ossification
test report dated 20/5/2017 reflects her age between 19-20 years.
Statement of the prosecutrix u/s. 161 Cr.P.C. is not
implicative in nature qua both the petitioners. However, Sec. 164
Cr.P.C. statement of the prosecutrix recorded before the
Magistrate on 8/5/2017 not only implicates the main accused
Neetu but also implicates the petitioners by alleging that both the
petitioners Ballister Singh and Lalla committed rape upon the
prosecutrix at Mathura where the prosecutrix was taken after
being abducted.
More so, the incident is of May, 2017 and the petitioners
have recently been arrested on 21/5/2018 after having been
declared absconders and award having been announced for their
arrest.
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Mcrc.24409/18
On account of late arrest of the petitioners, trial has got
delayed and therefore grant of bail at this stage would amount to
grant of premium to default.
Accordingly, no case is made out for grant of bail and the
application stands rejected.
(Sheel Nagu)
(Bu) Judge
DHANANJAYA BUCHAKE
2018.06.2915:08:18 +05'30'