KADAR KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through video conferencing.

(2.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 21.10.2019 by Police Station Khariya, Distt. Gwalior (M.P.) in connection with Crime No.91/2019 registered for offence under Sections 363 , 366 , 376-D , 506 of IPC and under Sections 5-G and 6 of POCSO Act.

(3.) It is submitted by learned counsel for the applicant - Kadar Khan that the applicant has not committed any offence. The applicant is in custody since 21.10.2019 i.e. from more than seven months. Learned counsel for the applicant submitted that on the last date of hearing, it was directed by this Court to produce the marksheet of the prosecutrix, but due to present COVID-19 condition, he is not able to produce the certified copy of marksheet of the prosecutrix. It is further submitted that on the date of incident, the age of prosecutrix was more than 18 years and as per statement given under Section 164 of Cr.P.C., the case is of full consent. No inculpatory evidence has been given by the prosecutrix in her statement recorded under Section 164 of Cr.P.C. The date of birth of prosecutrix is 10.01.2001 as per statement given by her under Section 164 of Cr.P.C. Applicant is ready to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail.