AMIT BALMIK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application u/S.438 Cr.P.C filed by the applicant for grant of bail.

(2.) The applicant apprehends his arrest in connection with Crime No.79/2022 by Police Station City Kotwali District Bhind (MP) for the offence punishable under Ss. 363, 368, 376, 376(2)(n) and 5/6 of POCSO Act.

(3.) In brief, the prosecution case is that on 3/3/2022 at 1:00 pm, father of prosecutrix lodged a report at Police Station Kotwali District Bhind that since 1 3/3/2022 at 3:00 am, his daughter aged about seventeen years and eleven months went missing, who was sleeping alongwith her mother. He searched here and there, but could not trace her. He has a doubt that co-accused Rohit Balmik persuaded her to go with him. On his report Crime No.79/2022 for the offence punishable under Ss. 363 IPC was registered against unknown person. Gum Insaan was recorded. During investigation, prosecutrix was recovered on 11/3/2022. Her statement was recorded in which she has stated that she has studied upto 8th standard. She has four sisters and one brother. From last one year, she was talking with co-accused Rohit who was her neighbour. When this fact came into knowledge of her mother, she stopped talking with co-accused. Co-accused inquired from prosecutrix that why she stopped talking with him and also threatened her to marry. Due to her threatening, she sat on her motorcycle. They went to one temple where coaccused Rohit filled "maang" of prosecutrix and took her to Orriya where they resided in a rented house like husband and wife. Co-accused committed sexual intercourse with her. Police rescued her, thereafter she was sent for medical examination. Ss. 368, 376 of IPC and 3/4 of POCSO Act were enhanced. During investigation, statement of procesutirx under Sec. 161 of CrPC was recorded. In her statement, she has nowhere alleged against present applicant accused-Amit Balmik. Thereafter, in her statement recorded under Sec. 164 CrPC on 14/3/2022, she has stated that alongwith accused Rohit his elder brother present applicant accused- Amit Balmik also came on motorcycle. They forcibly seated her on motorcycle and took her towards Oriya, Etawah.