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Judgment
14 paragraphs · 246 wordsG.S. Ahluwalia, J
This third application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed by order
dated 04.06.2021 passed in M.Cr.C. No.21904/2021.
The applicant has been arrested on 23.10.2020 in connection with Crime No.571/2020 registered at Police Station Civil Line Distt. Vidisha for offence
under Section(s) 376, 323, 506, 406 of IPC and Section 67 of I.T. Act.
It is submitted by the counsel for the applicant that after the rejection of second bail application, the prosecutrix has been examined and she has turned
hostile.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that in the light of the judgment passed by the Supreme
Court in the case of Hemudan Nanbha Gadhvi vs. State of Gujarat, passed on 28.09.2018 in Criminal Appeal No.913/2016, even if prosecutrix turns
hostile, still the accused can be convicted with the help of scientific / circumstantial / forensic evidence. It is submitted that in the present case, not
only the applicant was already married and was having children, but he got his marriage registered with the prosecutrix. Her intimate photographs
were uploaded by him which can always be considered for deciding the guilt of the applicant.
Considering the totality of the facts and circumstances of the case, this Court is of the considered opinion that no case is made out for grant of bail.
The application fails and is hereby dismissed.