NAGESHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary / challan papers.

(2.) This is applicant's first bail application filed under Sec. 439 of Cr.P.C. The applicant is implicated in connection with Crime No.478/2021 registered at Police Station-Dalauda, District- Mandsaur MP) for offence punishable under Ss. 363, 366, 376(2)(n) of the IPC and under Ss. 5L/6 of POCSO Act. The applicant is in custody since 6/1/2022.

(3.) Allegation against the applicant is of abduction and rape. Counsel for the applicant has submitted that the prosecutrix was major at the time of the incident and a consenting party and she had left her house along with the applicant on her own volition on 24/12/2021 and they travelled from Mandsaur to Jaora, from Jaora to Ujjain, again from Ujjain to Jaora, to Jaora to Indore and Indore to Shirdi and from Shirdi to Trimbakeshwar Nasik. It is submitted that the applicant and the prosecutrix roamed around in a public transport and the prosecutrix has never raised any alarm regarding the offence committed by the applicant. It is further submitted that the applicant is in jail since 6/1/2021 and the final conclusion of the trial is likely to take sufficiently long time. Thus, it is prayed the application be allowed. Counsel for the State, on the other hand, has opposed the prayer. On due consideration of the submissions and on perusal of the case diary, this Court finds force with the contentions raised by the counsel for the applicant. Accordingly, without reflecting anything on the merits of the case, the application filed by under Sec. 439 of Cr.P.C. on behalf of the applicant is hereby allowed.