CHOTU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 31/5/2021 by Police Station Kotwali, Vidisha (M.P.) in connection with Crime No.227 of 2021 registered for offence under Ss. 376, 363, 506(2), 323, 376(2)(n) of IPC and under Ss. 5/6 and 3/4 of the POCSO Act.

(2.) It is submitted by learned counsel for the applicant Chotu alias Shiraj that the applicant is innocent and he has not committed any offence alleged against him. Applicant is in custody since 31/5/2021 The evidence of prosecutrix and her father has been recorded. The prosecution story is concocted as prosecutrix in the present case in her deposition stated that FIR was lodged by her father and her uncle, therefore, she made signature on the FIR itself. The applicant has been falsely implicated as there is an existence of previous enmity. Conclusion of trial will take some time. It is further submitted that prosecution version is not supported by medical evidence. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prayed for grant of bail.

(3.) Learned State counsel has vehemently opposed the prayer and submitted that the prosecutrix is minor. In her statement, the prosecutrix deposed that the applicant along with other co-accused has committed the offence aforesaid. It is further submitted that the applicant has a criminal history and as many as three criminal cases have been registered against him. Considering the nature of allegation as well as the nature of offence committed with a minor girl, the applicant is not entitled for grant of bail.