RINKU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this FIRST bail application u/S.439 of the Cr.P.C for grant of bail. Applicant has been arrested on 10/11/2022, by Police Station- City Kotwali, District- Morena, in connection with Crime No.1048/2022, for the offence punishable under Ss. 363, 366, 376(2) (N) of the IPC and Ss. 3/4 of the POCSO Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant and applicant is suffering confinement since 10/11/2022 on false pretext. Applicant is a young boy aged 18 years whereas prosecutrix is at the cusp of majority or around 18 years of age. From the statements recorded under Sec. 161 and 164 of the Cr.P.C., it appears that prosecutrix left her maternal home on her own volition and she lived for 5 days with the applicant without raising any alarm. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment to the complainant and he would not move in the vicinity of the complainant party. Under these grounds, counsel prayed for bail.

(3.) Learned Public Prosecutor for the State opposed the prayer and prayed for its dismissal.