ASHOK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application under Sec. 439 of the Code of Criminal Procedure for grant of bail to the applicant.

(2.) Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 4/4/2022. It is further submitted that applicant is a young man aged about 22 years. He has love affair with prosecutrix who is aged about more than 17 year. Prosecutrix has attained sufficient maturity and on her own went outside the house and thereafter met with the applicant. Charge sheet in the case has already been filed and application is not required for custodial investigation. In this circumstances, counsel for applicant prays for grant of bail to the applicant.

(3.) Learned Government Advocate appearing State opposed the application for grant of bail. It is submitted by him that prosecutrix is minor and offence committed by applicant is serious in nature, therefore, bail application deserves to be dismissed.