DEVENDRA YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 31/7/2021 in connection with Crime No.340/2021, registered at P. S. Madan Mahal, District Jabalpur (M.P.) for commission of offence punishable under Ss. 452, 354, 354-Ka, 354-Kha, 354-Ga, 327, 294, 323, 506, 147, 148, 109, 112, 114, 120-B, 392 and 201 of IPC.

(2.) As per prosecution case, it is alleged against the applicant that he along with other co-accused persons entered into the house of the complainant and they abused, assaulted and forcefully took off the upper cloth of complainant and other girls and captured their picture/video, thereafter made the same viral.

(3.) Learned counsel for the applicant submits that complainant along with Muskan Khan and other girls were involved in prostitution on the date of incident i.e. on 25/7/2021. Applicant along with other persons as well as residents of the locality caught them red handed and Police of Police Station-Madan Mahal have filed criminal complaint bearing no.94/577/2021 under Sec. 151/107, 116(3) of Cr.P.C. against the complaint. Complainant, as a counter-blast, after four days of the incident, filed false and fabricated report against the applicant. FIR is delayed by four days without any reasonable cause. Police instead of taking action under PITA against the complainant made false and fabricated case against the applicant and other co-accused persons. No case is made out against the applicant. Co-accused persons- J.P. Singh and Reetesh have been enlarged on regular bail by this Court vide order dtd. 8/10/2021 and 21/10/2021 passed in M.Cr.C. No.50061/2021 and M.Cr.C. No.50341/2021 respectively, therefore, applicant also deserves to be