Madhya Pradesh High Court
Rohit Rajput vs The State Of Madhya Pradesh on 11 January, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.18/2022
Rohit Rajput vs. State of MP
Through video conferencing
Gwalior, Dated : 11.01.2022
Shri Manish Sharma, Counsel for the applicant.
Shri APS Tomar, Counsel for the State.
Case diary is available.
This second application under Section 438 of Cr.P.C. has been
filed for grant of anticipatory bail. The first application was
dismissed by order dated 28/10/2021 passed in M.Cr.C.
No.52288/2021.
The applicant apprehends his arrest in connection with Crime
No.597/2021 registered at Police Station Thathipur Distt. Gwalior for
offence under Sections 366, 343, 376(2)(N), 376(3), 376(D), 506, 34
of IPC.
It is submitted by the counsel for the applicant that although
the first bail application of the applicant for grant of anticipatory bail
has been rejected by a detailed order dated 28.10.2021 passed in
M.Cr.C.No.52288/2021 but now the offence under Section 3/4 of the
POCSO Act has been deleted and accordingly, it is clear that
prosecutrix was major.
Per contra, application is vehemently opposed by the counsel
for the State. It is submitted that Writ Petition No.16082/2021 was
2
THE HIGH COURT OF MADHYA PRADESH
MCRC No.18/2022
Rohit Rajput vs. State of MP
filed in the nature of habeas corpus and in the said writ petition, the
corpus/prosecutrix had appeared and made a specific statement that
she was forcibly married with a boy without her consent for the same.
It is submitted that all those aspects have already been taken into
consideration by this Court while rejecting the first bail application,
therefore, merely because the offence under Section 3/4 of POCSO
Act has been deleted, cannot be said to be a changed circumstance.
Heard the learned counsel for the parties.
The first bail application for grant of anticipatory bail has
already been considered and rejected by this Court by a detailed order
dated 28.10.2021 passed in M.Cr.C.No.52288/2021. The prosecutrix
had appeared before the High Court in habeas corpus petition and she
had made a specific statement that she was forcibly married with the
applicant without her consent for the same.
As no change in circumstance could be pointed out by the
counsel for the applicant, the application fails and is hereby
dismissed.
(G.S. Ahluwalia)
Judge
Ashish*
ASHISH
CHAURASIA
Digitally signed by ASHISH CHAURASIA
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,
ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,
postalCode=474001, st=Madhya Pradesh,
2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de08c6bb9303e52e2e7e7 28d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9A0FD201D0242B64, serialNumber=A926F3CBF979ECA6A4C477577EEDBA3AB4F94593A930B 98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2022.01.11 17:41:39 +05'30'