Madhya Pradesh High Court
Dinesh vs The State Of Madhya Pradesh on 7 January, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 544/2022
(DINESH Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 07/01/2022
Shri Shailendra Dwivedi, Counsel for applicant.
Shri Naval Kishor Gupta, Counsel for State.
Case diary is available.
This is fifth application filed under Section 439 of Cr.P.C. for
grant of bail. The fourth application was dismissed by order dated
10.11.2021passed in M.Cr.C. No.54307/2021 as withdrawn with liberty to revive the prayer along with complete order-sheets of the trial Court.
The applicant has been arrested on 29.12.2020 in connection with Crime No.315/2020 registered by Police Station Fatehgarh, District Guna for offence punishable under Sections 376, 456 of IPC.
This repeat application has been filed on the ground of delay in trial. However, the order-sheets of the Trial Court have not been filed to show that the applicant is not responsible for the delay. Further, the prosecutrix has been examined and she has supported the prosecution case. The Supreme Court in case of Mamta Nair v. State of Rajasthan, reported in (2021) 7 SCC 442, has held that examination of complainant cannot be a ground for bail as well as cannot be said to be a changed circumstance.
At this stage, Counsel for applicant seeks permission of this 2 THE HIGH COURT OF MADHYA PRADESH MCRC No. 544/2022 (DINESH Vs THE STATE OF MADHYA PRADESH) Court to withdraw this application.
It is, accordingly, dismissed as withdrawn.
(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2022.01.07 16:26:56 +05'30'