ORDER

Submissions were made on first bail application filed by applicant–Dashrath S/o Bherulal Gurjar under Section 439 of Criminal Procedure Code, 1973, in respect of Crime No.208/2020 registered at Police-Station-Nai Aabadi, District-Mandsaur (MP) for allegedly committed offence under Sections 376(D), 506, 34, 324, 376(2)(M) and 384 of Indian Penal Code, 1860.

The allegation against the present applicant is that he had pressurized the prosecutrix to come to his residence at Mandsaur and thereafter when prosecutrix met the applicant, she was subjected to rape by the applicant at gunpoint and the applicant thereafter joined the other co-accused persons and she was then subjected to gangrape.

Learned counsel for the applicant has drawn Court's attention towards the compromise application filed by the prosecutrix which has been duly verified. He has also drawn Court's attention towards the inconsistencies between 164 Cr.PC statements and FIR lodged by the prosecutrix. He has submitted that neither any video footage has been seized from the applicant nor any gun has been recovered from the possession of present applicant. The applicant is in jail since 14.12.2020 and the conclusion of trial would take considerably long time. With these submissions, bail has been sought.

Learned counsel for the State was also heard who submits that two other co-accused persons have been absconding in this case and the prosecutrix in her 164 Cr.PC statements have levelled allegations as per prosecution story against the present applicant and has opposed the bail application.

Learned counsel for the objector was also heard who has also opposed the bail application.

Considered.

In this matter it would be appropriate to peruse the case diary in this case. The order shall be passed after perusal of the case diary. The same be sent over through Email. Later on: Case diary was perused.

There may be slight difference between the FIR and 164 Cr.PC statements but the allegations of prosecutrix that she had been scalded with hot spoon on her private parts are affirmed in her MLC. Further, other co-accused persons have been absconding. The allegations are of extremely serious nature and it cannot be denied that the compromise document was executed by the prosecutrix due to pressure or threat meted out by the applicant to her. In such circumstances, the application for bail cannot be allowed. Accordingly the bail application filed by the applicant under Section 439 of Cr.PC stands rejected. (SHAILENDRA SHUKLA) Arun/- JUDGE Digitally signed by ARUN NAIR Date: 2021.04.23 10:27:58 +05'30' HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISCELLANEOUS CRIMINAL CASE NO.4567 OF 2021 (Dashrath vs The State of Madhya Pradesh)