HIMANSHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application is filed on behalf applicant-Himanshu alias Mintu Day under Sec. 439 of Code of Criminal Procedure, 1973 for grant of bail who is in jail since 13/12/2021 in connection with Crime No.893/2021 registered at Police Station Budhar, District Shahdol (M.P.) under Sec. 363, 366A, 376(2) (n) of IPC and also under Sec. 5/6 of POCSO Act.

(2.) It is submitted that applicant is 22 years of age. Date of birth of proseeutrix is 28/10/2005, incident took place on 02/12/2021. It is also submitted that proseeutrix in her statement under Sec. 164 of Cr.P.C. has clearly mentioned that proseeutrix has studied upto 10th class. Her parents wanted to marry her somewhere else and she was against that marriage, therefore, she had moved out from her house along with present applicant. In her statement under Sec. 164 of Cr.P.C, she has categorically mentioned that applicant had not established any physical relationship with her. Hence, prayer is made to enlarge the applicant on bail.

(3.) Per contra, Shri Amit Mishra, learned Panel Lawyer opposes the bail application and submits that S.H.O. had tried to collect record from the first school which was attended by prosecutrix but it was found that school is closed. He had written a letter to the Headmaster of said school but record could not be retained.