SHAILESH @ SAVJI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 265/2018 registered at Police Station - Raipuriya, District -Jhabua for the offence registered under Ss. 363, 366, 376 of IPC and sections 5/6 of POCSO Act and sections 3(2)(V) of SC & ST ( Prevention of Atrocities) Act. The applicant is in custody since 18/08/2019

(2.) As per prosecution story, the allegation against the present applicant, he abducted and committed rape upon the prosecutrix, hence the aforementioned offences have been registered and he has been arrested.

(3.) Learned counsel for the applicant submits that applicant is innocent and he has falsely been implicated in the present crime. He has no criminal antecedents. Investigation is over and chargesheet has been filed. The applicant is in custody since 18/08/2019. The prosecutrix and father of the prosecutrix were examined on 13/07/2021 and they have turned hostile and not supported the prosecution story and conclusion of trial will take sufficient long time. In these circumstances the applicant be released on bail.