Saheed @ Shahid Khan vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this second application filed by the applicant Saheed @ Shahid Khan under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 04.06.2019 in connection with Crime No.245/2019, registered at Police Station Niwadi, District-Tikamgarh for offence under Sections 376, 323 and 450 of the IPC.

His first application was dismissed on merits by order dated 15.11.2019 passed in M.Cr.C.No.43627/2019.

The case of the prosecution against the applicant, in short, is that the applicant is previously known to husband of the prosecutrix and used to come at the home of the prosecutrix to meet her husband. On the date of incidence, when her husband was out, the applicant came at the house of the prosecutrix and asked for her husband, she told that he is not in the house then applicant forcibly hold the prosecutrix and when prosecutrix resisted, he slapped the prosecutrix and committed forcibly rape by closing her mouth. When she shouted, her children came on the spot then applicant fled from the spot. Thereafter, she immediately reported the matter to her husband on phone and went to lodge the report against the applicant.

Learned counsel for the applicant submits that this second application filed on the ground that statement of the prosecutrix and doctor have been recorded during trial and it is reflected from the statement of the prosecutrix that prosecutrix was a consenting party. When her children saw her in compromise position with the applicant then she reported the matter against the applicant, therefore, it has been prayed that applicant be released on bail.

Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application and submits that prosecutrix has categorically stated against the applicant. There is no change in circumstances on this ground, therefore, he prays for dismissal of this application.

Having heard both the learned counsel for the parties. Perused the statement of prosecutrix. After perusal of the statement of prosecutrix it reflects that she categorically stated against the applicant in-chief. There are some circumstances in the cross-examination but this Court is not inclined to discuss the evidence of prosecutrix minutely while disposing of this application but considering the statement in-chief of prosecutrix, this Court finds that she is categorically stated the act of the applicant.

In these circumstances, this Court is not inclined to release applicant on bail.

Consequently, this second application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail is hereby dismissed.