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Judgment
16 paragraphs · 277 wordsG.S. Ahluwalia, J
This second application under Section 439 of CrPC has been filed for grant of bail. First application was dismissed as withdrawn by order dated
27.04.2021 passed in M.Cr.C. No.20341/2021.
The applicant has been arrested on 03.02.2021 in connection with Crime No.46/2021 registered by Police Station Vishwavidyalaya District Gwalior
for offence punishable under Sections 376 and 506 of IPC.
It is submitted by the counsel for the applicant that the named FIR has been lodged belatedly by 22 days. However, in her statement recorded under
Section 164 of CrPC, the prosecutrix has stated that she could identify the applicant only after the FIR was lodged. It is further submitted that the
prosecutrix has stated that threat was given only after the FIR was lodged, therefore, the explanation of delay in lodging the FIR is not correct.
Per contra, the application is opposed by the counsel for the State. It is submitted that while recording statement of the prosecutrix under Section 164
of CrPC, the concerning Magistrate has appended a note to the effect that the prosecutrix is hard of hearing and she is not in a position to understand
the questions properly.
Under these circumstances, it is submitted that as to whether the prosecutrix had given the correct answers or not, is a matter of trial.
Considering the submissions made by the counsel for the parties, coupled with the note appended in the statement recorded under Section 164 of
CrPC and in absence of any motive for falsely implicating the applicant, this Court is of the considered opinion that no case is made out for grant of
bail.
The application fails and is hereby dismissed.