ARUN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the applicant's first application under Sec. 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.622/2020 registered at Police Station-Station Road Ratlam, District-Ratlam (MP) for offence punishable under Ss. 363, 366 of the IPC and 11/12 of the POCSO Act. Applicant is in jail since 23/12/2021.

(2.) The allegation against the applicant is of abduction of the victim, who was aged about 16 years and 7 months.

(3.) Counsel for the applicant has submitted that the prosecutrix has not averred any overt act against the applicant in fact she herself had called and accompanied him from Sanawat to Surat. It is further submitted that applicant is in jail since 23/12/2021 and the final conclusion of the trial is likely to take long time. In such circumstances, it is prayed that the applicant be released on bail. Counsel for the respondent/State has opposed the prayer. On due consideration of the rival submissions and on perusal of the case-diary, this Court finds force with the contentions raised by the counsel for the applicant. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed.