ATMARAM KORKU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is Second application filed under Section 439 of Cr. P. C. for grant of bail to the applicant, as he has been arrested in connection with Crime No.327/2018, registered at Police Station Chhipabad District Harda for commission of offence punishable under Sections 363 , 366-A , 376(2) (n) of IPC and Sections 5 and 6 of POCSO Act. His first application was dismissed as withdrawn vide order dated 25.1.2019 passed in M.Cr.C. No.2597/2019.

(2.) Prosecution story in short is that 17.7.2018 the prosecutrix aged about seventeen years was disappeared from her parental house village Somgaon under the jurisdiction of P. S. Chhipabad District Harda. The report of the incident has been lodged by her Father Harikishan on the next day of the incident. On that basis a Crime No.327/2018 under Sections 363 of IPC has been registered against unknown person. During the course of investigation the prosecutrix has been recovered on 30.9.2018. Her statements under Sections 161 and 164 of Cr. P. C. have been recorded. On that basis applicant and other co-accused persons have been implicated in the offence and Sections 366 , 376 (2) (n) of IPC and 5 and 6 of POCSO Act have been added in already registered crime.

(3.) It is submitted by the learned counsel for the applicant that the applicant is innocent. He has not committed any offence. He has been falsely implicated in the case. Applicant is in judicial custody since 8.4.2018. The trial will take time to conclude. There is no likelihood of his absconding or tampering with the prosecution witness. He is permanent resident of the address mentioned in the application . Therefore, it is prayed that the applicant be released on bail.