MAHENDRA JHARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These two first bail applications under Sec. 439 of Cr.P.C. have been filed on behalf of the applicants for grant of bail, pending the trial.

(2.) The applicants have been arrested in connection with Crime No.187/2022, registered at Police Station - Adegaon, District -Seoni (M.P.) for commission of offence punishable under Ss. 363, 366, 376(2)(n) and 506 of IPC and Sec. 3/4 of the POCSO Act, 2012. Applicants Mahendra Jhariya and Chatra Kumar Jhariya are in jail since 25/8/2022 and applicants Anil Jhariya and Madan Jhariya are in jail since since 18/8/2022.

(3.) As per the prosecution story, on 12/6/2022 prosecutrix's father lodged an FIR stating that he is blessed with two son and one daughter. His 15 years and 10 months old daughter is missing from home since 10/6/2022. On the basis of information given by the father, FIR was registered for commission of offence under Sec. 363 of IPC. On 16/6/2022 prosecutrix appeared at Police Station. In her statement recorded under Sec. 164 of Cr.P.C. she stated nothing against the present applicants but later, on 13/7/2022 again her statement under Sec. 161 and 164 of Cr.P.C. was recorded and in that statement she changed the earlier version and stated that on 10/6/2022 Prem Narayan forced her to sit in the car and took her to Nagpur. In Nagpur they stayed in a room where Prem Narayan committed aggravated sexual assault upon her.