DEEPU KUSHWAH 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 24/8/2021 in connection with Crime No.250/2021 by Police Station Bagchini, District Morena for the offence punishable under Ss. 363, 366, 376 of IPC and Sec. 5/6 of POCSO Act.

(3.) A s per prosecution story, on 7/8/2021 father of the prosecutrix Makhan Singh lodged a missing report about his daughter aged about 17 years 4 months alleging that she has eloped with some unknown person. On his report, crime under Sec. 363 of IPC was registered. Later on, she was recovered on 21/8/2021 from Morena. Her statement was recorded and in her statement she has stated that she is 17 years 4 months old. On 7/8/2021 at 1 pm without informing any family members, she went to Bagchini. She telephoned to the present applicant to come and take her with him. He told that he has no time then she forcibly again told him to come. Thereafter, the applicant came there and she along with him by taxi went to Morena, thereafter to Gwalior and later on by bus they went to Poona. They stayed at Poona for three days. Family members of the applicant telephoned at Poona but they were having no money, that's why they stayed there for 3-5 days. Then the prosecutrix telephoned to her borther Ravi to deposit money in her account. Thereafter, she along with applicant returned to Morena. During this period, the applicant has not committed any unlawful act or outrage her modesty. Thereafter, Ss. 366 and 376 of IPC and Sec. 5/6 of POCSO Act were enhanced. The applicant was arrested on 24/8/2021 and after investigation, charge-sheet has been filed.