YAGRAJ SINGH THAKUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this second application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Yagraj Singh in Crime No.186/2016 registered by Police Station Beheriya, District Sagar under Sections 307, 376, 341, 342, 366, 344, 506 read with 34 of the I.P.C. His first bail application for the same relief was dismissed by this court by order dated 10.04.2017 passed in M.Cr.C. No.5009/2017.

(2.) By way of change in circumstances for this second bail application, learned counsel for the petitioner submits that the the statement of the prosecutrix has been recorded before the trial Court and she has not supported the prosecution case at all. As per the prosecution case, the prosecutrix is 22 years old major married woman. On 10.11.2015, when she was going to her maternal home, co-accused Puspendra misrepresented to her that her mother had suffered a heart attack. Thereafter, co-accused persons Pushpendra and Yagraj took the prosecutrix on motorcycle to a room and confined her there for a period of about 10 months. During that period, co-accused persons Puspendra and Yagraj repeatedly raped her. At about 10:00 p.m. on 15th of August, 2016, co-accused Yagraj and his maternal nephew Subham came on motorcycle and promised to drop the prosecutrix back to her mother's place; thereafter, they brought her to Baheria where petitioner Subham caught hold of her hands and Yagraj stuffed her mouth with a piece of cloth. Subham brought a knife from the vehicle parked outside and Yagraj, with an intend to kill her, delivered a blow to her neck and left hand. The prosecutrix managed to run away from the spot. She had to undergo treatment in District Hospital, Sagar on 15.8.2016 to 26.8.2016.

(3.) Learned counsel for the petitioner submits that in her statement before the trial court recorded on 19.07.2017, the prosecutrix has clearly stated that the accused persons present in the Court had not committed any offence against her. As such, she has not supported the prosecution case at all so far as petitioner Yagraj Singh is concerned. The petitioner has been in custody since 08.12.2016; therefore, it has been prayed that the petitioner be released on bail.