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HIGH COURT OF MADHYA PRADESH

M.Cr.C. No. 8834/2021

(Lalji Yadav Vs. State of M.P.)

Jabalpur, Dated :12.01.2022

HEARD THROUGH VIDEO CONFERENCING

Shri Himanshu Shukla, learned counsel for the

applicant.

Shri Manoj Kumar Singh, Panel Lawyer for the

respondent/State.

This is second bail application filed by the applicant

under Section 438 of Cr.P.C. First application, M.Cr.C. No.

9187/2020 was dismissed on merits vide order dated

17.06.2020.

The offences were registered in the year 2017 at Crime

No.63/2017 by Police station Chorhata, district Rewa for

commission of offence punishable under Sections 363, 366K,

376(2) of the I.P.C. and Section 5/6 of Protection of Children

from Sexual Offences Act, 2012.

An objection has been raised regarding maintainability

of the successive bail application under Section 438 of

Cr.P.C., when the first bail application was rejected on merits.

Learned counsel for the applicant has urged that there

is no bar in entertaining a successive application under

Section 438 of Cr.P.C. He has placed reliance on (2014) 16

SCC 501 Jagmohan Bahl and another Vs. State (NCT of

Delhi) and another, (2011) 14 SCC 765 Bhas