KALU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second bail application filed on behalf of applicant Kalu @ Shobharam and first bail application filed on behalf of applicant Mehtab under Sec. 439 CrPC in connection with Crime No.144/2022, registered at Police Station Jawar, District Khandwa M.P.), for the offences punishable under Ss. 363, 366, 366-ka, 323, 34, 376, 376(gha), 368 and 506 of IPC and Sec. 5/6 of POCSO Act.

(2.) Learned counsel appearing for the applicants submitted that applicants are innocent and have falsely been implicated in the case. It is submitted by learned counsel for applicant Kalu @ Shobharam that this applicant is not the main accused person. He is not involved in committing kidnapping and rape. Only allegation against him is that he had taken prosecutrix to the house of Mehtab. Learned counsel for applicant Mehtab submitted that accused alongwith prosecutrix had come to the house of Mehtab and had taken water there and went away. It is submitted that looking to the role of applicants, they may be enlarged on bail.

(3.) Learned Govt. Advocate appearing for the Respondent/State opposed the prayer for grant of bail. It is submitted that Kalu, Suresh, Mehtab and Omkar had forcibly took away prosecutrix. Prosecutrix has stated against the applicants in her statement recorded by Magistrate under sec. 164 CrPC. Offence committed by applicants are heinous. In view of same, bail application filed by applicants be dismissed.