SACHIN PRAJAPATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The matter is heard through Video Conferencing.

(2.) This is first bail application filed on behalf of the applicant under Section 439 of the Cr.P.C. The applicant is in custody since 28.12.2019 in connection with Crime No.408/2019 registered at Police Station Aarakshi Kendra Jatara, District Tikamgarh (MP), for the offence punishable under Sections 305 , 306 read with Section 34 of the IPC and Sections 11/12 and 17 of the POCSO Act.

(3.) As per the prosecution case, on 23.12.2019 at about 02:30 PM O'clock in the afternoon, deceased-Kumari Shanu has committed suicide by hanging herself by the abatement of applicant and other co-accused persons. The allegation against the present applicant is that present applicant along with co- accused, namely, Pushpendra Prajapati, Aashiq Muslman, Chotu @ Unish Musalman and Munnu Khangar have taken D.J (Disk Jockey) from the other co-accused Hemant Lodhi. They were celebrating birthday of deceased Shanu in an open place. They also took Cake. In the cake the name of Sachin Prajapati with deceased Shanu have been mentioned. Due to tension of this act of the present applicant-Sachin Prajapati and co-accused persons deceased Shanu committed suicide on 23.12.2019. Thereafter, on the report of the complainant, a case has been registered against the present applicant and other co-accused persons.