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Judgment
6 paragraphs · 372 wordsHeard on this second application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant in connection with Crime No.299/2018, registered at Police Station Prathvipur, District Tikamgarh, for the offences punishable under Sections 370 and 376 (2) (g) of the IPC.
His first bail application M.Cr.C. No.45668/2018 was dismissed on merits vide order dated 16.11.2018.
Learned counsel for the applicant has submitted that the applicant has not committed any offence. It is further submitted that the prosecutrix had gone with them on her own free will and consent. The applicant is a permanent resident of the address shown in the application. There is no chance of his absconding or tampering with the witnesses. He is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed upon him. It is also submitted that the applicant has been in custody since 10.07.2018. Learned counsel for the applicant has submitted that the statements of prosecution witnesses namely prosecutrix (PW-1), Ramgot (PW-2) and Ramdevi (PW-3) have been recorded before the trial Court and they have not supported the case of the prosecution. In view of the aforesaid, prayer has been made to enlarge the applicant on bail.
Per-contra, learned counsel for the respondent-State has vehemently opposed the bail application and submitted that there is specific allegation against the present applicant. It is also submitted that the examined prosecution witnesses have supported the case of the prosecution. At this stage there is no need to scrutinize the statements of the prosecution witnesses as the same will be required at the stage of judgment. In view of the aforesaid, it has been prayed that the application for bail be dismissed.
This is a second bail application of the applicant. The first bail application has been dismissed on merits; thereafter, prosecutrix (PW-1), Ramgot (PW-2) and Ramdevi (PW-3) have been examined before the trial Court. Looking to the statements of the examined prosecution witness, I am of the considered view that at this stage it is not a fit case to grant bail to the applicant.
Consequently, this second application for bail under section 439 of the Code of Criminal Procedure filed on behalf of applicant, stands dismissed.