ANURAG KAUSHAL Vs. STATE OF M P

JUDGEMENT

(1.) Heard on this first application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail. The applicant is in jail since 18.07.2020 in connection with Crime No.419/2020, registered at Police Station-Kotwali, District-Sihore for offence punishable under Sections 363, 366, 376(2)(n), 376 of IPC and Section 5 and 6 of POCSO Act.

(2.) The case of the prosecution, in short, is that, the applicant allured the prosecutrix, who was below the age of 18 years but more than 17 years, took her along with him on the pretext of marriage and committed rape upon her. Meanwhile missing person report was lodged by the brother of the prosecutrix and after recovery of the prosecutrix, report was lodged against the applicant.

(3.) Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. Statement of the prosecutrix was recorded under Section 164 of CrPC in which she had not stated anything against the applicant. After investigation charge-sheet has been filed and the conclusion of trial will take considerable time for its final disposal, therefore, it is prayed that the applicant be enlarged on bail.