MULLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

(2.) The applicant was arrested on 13/5/2022 in connection with Crime No.145/2022 by Police Station Indargarh, District Datia (MP) for the offence punishable under Ss. 366, 376 (D) and 506 of IPC and Ss. 25, 27 of Arms Act.

(3.) In brief, the prosecution case is that on 24/4/2022 at 8:58 pm, Rambhan Namdev lodged a missing person report that he is having one son and eight daughters. At present, he along with his wife and three children reside in the house. On 23/4/2022, he went to Mau. At his house, his wife and children were present. After taking dinner, his wife and children slept. When his wife woke up in the morning at 6:00 am, she saw her daughter / prosecutrix is missing from her cot. She telephoned him. He came at 8:00 am. He searched for the prosecutrix here and there but could not trace her. He has doubt that Raees Khan @ Pauwa took her along with him. Upon his report, missing person report No. 11/22 was registered. Prosecutrix was rescued from Maharashtra along with Raees Khan. Her statements were recorded. She has stated that she is aged about 19 years. She started talking with his neighbour Pauwa Sharma. After 5-6 days, he told her that he will solemnize her marriage and will give money to her father. On his saying, she along with him went to Maharashtra by train. He took her in the house of his brother. There he told that his real name is Raees Khan. She objected and told that if she had known his name, she would not have accompanied him. Thereafter, Raees and his brother Nafees committed rape with her. A day after that, police came over there and brought her to Indargarh. Crime No. 145/2022 for the offences punishable under Ss. 366, 376 (D) and 506 of IPC and Ss. 25, 27 of Arms Act was registered. Prosecutrix was sent for medical examination.