ANAND SHARMA 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.) Applicant has been arrested on 15/12/2021 by Police Station, Kumbhraj, District Guna (MP), in connection with Crime No.164/2021 for the offence punishable under Ss. 363, 376(D), 376(2) (N), 368, 370 (1),506 of IPC and sec. 4 read with sec. 3, 5(L)/6 of POCSO Act.

(3.) As per prosecution story, on 14/6/2021 father of the prosecutrix Shivcharan along with his wife Shimla Bai gave information at Kumbhraj, District Guna that their daughter prosecutrix aged about 15 years 5 months had gone to purchase vegetable from market and did not return. They have searched her here and there but could not trace her out, somebody persuaded her to go with him. On his information Guminsan No. 23/21 was recorded and offence under sec. 363 IPC was registered against unknown persons. During investigation prosecutrix was rescued on 14/7/2021 and handed over to her mother. She was sent for medical examination and her statements were recorded. In her statement she has stated that she is aged about 16 years and studying in tenth standard. On 14/5/2021 without informing her family members she went to Gwalior. Her mother and father wanted to perform her marriage, but she wanted to study. At Gwalior bus stand one uncle met her. He enquired about her, she narrated the story to him. He took her in his house and kept her in good condition and provided food to eat. In his house his wife and children were there. She was residing in his house peacefully. His name is Nanga Chacha. She met him for the first time. He kept her in his house as a daughter. She remained there about 20 days. During this period no ill-treatment took place with her. Thereafter another statement was recorded on 2/12/2021 after about five months in which it is stated that on the date of incident she was returning after taking vegetable, Anand (present applicant) of her locality met her and told her that he will drop her to her house. She sat on his motorcycle, he took her to Byawara Road in a Dhaba and took a room there. She resided with him one night there and during the period he committed sexual intercourse with her. On the next day Anand called a Omni Van. On 15/6/2021 he took her to Gwalior and the Van was driven by Driver. In Gwalior Neelam Gurjar met her. Anand gave him Rs.10,000.00 and ran away. She resided with Neelam in a room at Gwalior, thereafter he took her to Dabra and he committed sexual intercourse with her. Neelam talked with Manish regarding her for Rs.30,000.00 She resided there for one month, during which Manish committed sexual intercourse with her.