Madhya Pradesh High Court
Yogesh Gahlot vs The State Of Madhya Pradesh on 12 December, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 12th OF DECEMBER, 2022
MISCELLANEOUS CRIMINAL CASE NO. 57116 OF 2022
BETWEEN:-
YOGESH GAHLOT S/O SHRI BHAGWAN
SINGH, AGE 22 YEARS, OCCUPATION
PRIVATE JOB, R/O NEAR KABIR ASHRAM,
SHRINAGAR COLONY, THATHIPUR,
DISTRICT GWALIOR (MADHYA PRADESH)
.....APPLICANT
(BY ARVIND KUMAR DWIVEDI - ADVOCATE)
AND
THE STATE OF MADHYA THROUGH
POLICE STATION THATHIPUR, DISTRICT
GWALIOR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI C.P. SINGH - PANEL LAWYER)
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This application coming on for admission this day, the Court
passed the following:
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ORDER
Case Diary is available.
This ninth application under Section 439 of Cr.P.C. has been filed for grant of bail. Eighth application of the applicant was dismissed by order dated 14.10.2022 passed in M.Cr.C. No.48618/2022.
2The applicant has been arrested on 25.11.2021 in connection with Crime No.597/2021 registered by Police Station Thathipur District Gwalior for offence under Sections 343, 376(2)(N), 376(D), 366, 323, 506, 34 of IPC.
It is submitted by the counsel for the applicant that the prosecutrix has been examined and although in the examination-in-chief, she has supported the prosecution case, but it is clear from the cross- examination that she was a consenting party. However, he fairly conceded that there are two school records of the prosecutrix. According to one school record, her date of birth is 20.11.2006. Later on, second school certificate was issued during pendency of the investigation, according to which, date of birth of the complainant was shown to be 05.06.2003. Since this incident took place on 22.06.2021, therefore, it is clear that the prosecutrix was major on the date of incident if her date of birth is considered as 05.06.2003.
Per contra, the application is vehemently opposed by the counsel for the State. Previous bail applications of the applicant were rejected on the ground of suppression of material facts. The applicant had filed habeas corpus writ petition, in which the prosecutrix had appeared and she had stated that under compulsion, her signatures were obtained on certain papers. While filing subsequent bail application, this fact was conveniently suppressed by the applicant.
Heard the learned counsel for the parties.
It is the case of the applicant that there are two school records of the prosecutrix, i.e., initial certificate shows that the date of birth of the prosecutrix is 20.11.2006 and the subsequent certificate which was issued during pendency of the investigation shows that the date of birth 3 of the prosecutrix is 05.06.2003. This Court while considering the application for grant of anticipatory bail to Bhagwan Singh in M.Cr.C. No.54892/2021, has already considered in detail about the manner in which second school certificate was issued by the concerning School. Thus, this Court is of the considered opinion that any subsequent certificate obtained during the pendency of the investigation cannot be relied upon by this Court at this stage. It is for the Trial Court to consider and adjudicate the age of the prosecutrix.
Looking to the conduct of the applicant in suppressing the material facts on earlier occasion, this Court is of the considered opinion that no case is made out for grant of bail. Whether the prosecutrix is a reliable or credible witness or not, cannot be considered by this Court at the stage of bail in the light of the judgment passed by the Supreme Court in the case of Satish Jaggi Vs. State of Chhattisgarh reported in (2007) 11 SCC 195.
Accordingly, the application fails and is hereby dismissed.
(G.S. AHLUWALIA) JUDGE Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2022.12.13 17:04:34 +05'30'