AJAY JATAV Vs. STATE OF M.P.

JUDGEMENT

(1.) This fifth application under Sec. 439 of Cr.P.C. has been filed for grant of bail. Fourth application was dismissed on merits by order dtd. 31/7/2021 passed in M.Cr.C. No. 37188/2021.

(2.) The applicant has been arrested on 31/1/2021 in connection with Crime No.240/2019 registered at Police Station Rannod Distt. Shivpuri for offence under Ss. 363, 376, 366 of IPC and Sec. 5/6 of POCSO Act.

(3.) It is submitted by the counsel for the applicant that although this Court while deciding fourth bail application of the applicant by order dtd. 31/7/2021 passed in M.Cr.C. No.37188/2021 has considered the evidence of the prosecutrix, but thereafter her father had also been examined and in his evidence, he has stated that the prosecutrix was aged about 17 years and 6 months. It is further submitted that the applicant has married the prosecutrix.