RAKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.111/2021 registered at Police Station - Nahargarh, District - Mandsaur for the offence registered under Sections 363, 366-A, 376 (2n) of the Indian Penal Code and Section 3/4, 5-L/6 of Protection of Children from Sexual Offences Act. The applicant is in custody since 18.07.2021.

(2.) Learned counsel for the applicant submits that as per prosecution story, the applicant has committed offences punishable under Sections 363, 366-A, 376 (2n) of the Indian Penal Code and Section 3/4, 5-L/6 of Protection of Children from Sexual Offences Act. However, the prosecutrix and her parents entered the witness box and did not support the prosecution story. The said statements has been filed along with the bail application. The applicant is a young boy of 23 years and has no criminal record.

(3.) The prayer is opposed by learned Government Advocate for the respondent / State. However, he did not dispute that statements filed by the applicant's counsel have already been recorded by the Court below.