Madhya Pradesh High Court
Kalla vs The State Of Madhya Pradesh on 14 October, 2019
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 MCRC-41608-2019
The High Court Of Madhya Pradesh
MCRC-41608-2019
(KALLA Vs THE STATE OF MADHYA PRADESH)
1
Gwalior, Dated : 14-10-2019
Shri Rajiv Sharma, Counsel for the applicant.
Shri Vijay Sundaram, Panel Lawyer for the respondent/ State.
Case Diary is available.
This is fifth application under Section 439 of CrPC for grant of bail. First, and second applications were dismissed as withdrawn. Third application was rejected by order dated 08/02/2019 passed in MCRC No.3798 of 2019. Fourth application was also dismissed as withdrawn by order dated 30/04/2019 passed in MCRC No.15040 of 2019.
The applicant has been arrested on 15/02/2018 in connection with crime no.49 of 2018 registered at police station Kailaras, District Morena for offence under Sections 307, 326, 34, 120-B of IPC.
It is submitted by the Counsel for the applicant that the only allegation against the applicant is that he had caught hold of the victim, whereas the victim was emasculated by the co-accused.
Considered the submission made by the Counsel for the applicant.
The bail application of the co-accused Udayveer Kushwah has been rejected on 03/09/2019. The allegation against the applicant is that the co-accused Reshma was not willing to marry the victim and accordingly, the co-accused Udayveer Kishwah, with the help of the present applicant, emasculated the victim.
Considering the role played by the applicant as well as 2 MCRC-41608-2019 considering the fact that for no good reason, the victim was emasculated by the applicant as well as the co-accused, this Court is of the considered opinion that no case is made out for grant of bail. The application fails and is hereby dismissed.
(G.S. AHLUWALIA) JUDGE MKB Digitally signed by MAHENDRA KUMAR BARIK Date: 2019.10.15 17:35:53 +05'30'