SURENDRA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the fifth repeat bail application under Sec. 439 Cr.P.C. filed on behalf of the applicant. His earlier applications is dismissed as withdrawn vid e orders dtd. 11/2/2019, 3/6/2019, 9/6/2020 and 7/9/2021 passed in MCRC No.4076/2019, 21342/2019, 12947/2020 and 34228/2021. The applicant is in custody since 21/10/2018 in connection with Crime No.539/2018 registered at P.S., Agar, District Agar Malwa for the offence punishable under Ss. 363, 366, 376(2)(N) of IPC and under Sec. 5(L)/6 of POCSO Act.

(2.) As per prosecution story, the applicant is alleged to have manipulated the complainant while she was in the market with the elder brother of her father for purchasing. He assured her to merry her and had taken her near Sawariya temple wherein Dharmshala thereof she was sexually abused by the applicant. Initially an FIR was lodged on 16/10/2018 as she was missing on 15/10/2018 and she was recovered on 21/10/2018. Accordingly, the case has been registered against the applicant.

(3.) Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. Investigation is complete and chargsheet has been filed. He is no more required for custodial investigation. On merits, it is submitted that the complainant is alleged to have been subjected to sexual intercourse by the applicant in her statement recorded under Sec. 164 Cr.P.C. on 22/10/2018 and also in the Court statement but she had gone with the applicant with her consent as she was around 18 years of age as on the date of occurrence of incident on her own showing in Para 2 of the Court statement. Applicant is in custody since for more than three years. Moreso, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, the applicant may be enlarged on bail on the ground of long jail incarceration and on such terms and conditions this Court deems fit and proper.