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Judgment
11 paragraphs · 182 wordsG.S. Ahluwalia, J
This third application under Section 439 of Cr.P.C. has been filed for grant of bail. Previous application was dismissed by order dated 05.07.2021
passed in M.Cr.C. No. 31398/2021.
The applicant has been arrested on 24.01.2021 in connection with Crime No.21/2021 registered by Police Station Mow Distt. Bhind for offence
punishable under Sections 450, 366, 506, 343, 376 (2) (n), 376 (2) (f) of IPC.
It is submitted by the Counsel for the applicant that prosecutrix has been examined and she has supported the prosecution case, but it appears that she
is the consenting party.
In the light of the judgment passed by the Supreme Court in he case of Mamta Nair v. State of Rajasthan reported in (2021) 7 SCC 442, mere
recording of evidence of the complainant cannot be a good ground for grant of bail. Whether the prosecutrix was the consenting party or not is yet to
be decided by the trial Court.
In view of the evidence of the prosecutrix, no case is made out for grant of bail. The application fails and is hereby dismissed.