DEVENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this First application u/S.439 of Cr.P.C. for grant of bail.

(2.) The applicant has been arrested on 23/05/2022 by police station Mayapur District Shivpuri (M.P.) in Connection with Crime No. 33/2022 registered for the offence punishable under Ss. 363, 366, 376(3), 344 and 506 of the IPC and Sec. 5/6 of the POCSO Act.

(3.) Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. It is further argued that the prosecution story is highly suspicious, as on 21/02/2022 prosecutrix was allegedly kidnapped and taken away on motorcycle and was recovered on 22/05/2022, in between, she had ample opportunity to run away. However, there is no evidence that she had raised any alarm or resist. Kidnapping on motorcycle on a public road is not possible. Further argument is that applicant is in custody since 23/05/2022. After conclusion of the investigation, charge sheet has already been filed and further custodial interrogation is no more required. There is no previous criminal record against the applicant. The applicant is permanent resident of District Shivpuri (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. Hence, he prays for grant of bail to the applicant.