HALLE @ GANESH AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure.

(2.) The petitioner is in custody since 29.07.2021 in connection with Crime No.160/2021 registered at Police Station-Jaisi Nagar Distt.-Sagar (M.P.) for the offence punishable under Sections 363, 366, 376(2)(N), 376(3) of IPC and Section 5(l)/6 and 5(n)/6 of POCSO Act.

(3.) As per prosecution case on dated 20.06.2021, prosecutrix below 16 yeas was missing from her house. She was searched but not found. FIR was lodged. On 28.07.2021, prosecutrix was recovered from the possession of petitioner/accused. It is alleged by the prosecution that petitioner/accused kidnapped prosecutrix and took her at Narsingpur. Thereafter petitioner/accused committed intercourse with her.