USMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application under Sec. 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail.

(2.) The applicant is facing trial in connection with Crime No.413/2021, registered at Police Station Narayangarh District Mandsaur for the offence punishable under Ss. 377,342,506 and 34 of IPC, 1860, Sec. 3/4 of the Protection of Children from Sexual Offences Act, 2012 and Ss. 3(II)(V) and 3(II)(V-A) of the SC/ST (Prevention of Atrocities) Act. The applicant is in custody since 8/12/2021.

(3.) As per prosecution story the allegation against the applicant is that he alongwith the co-accused called the victim boy for some labour work on 2/12/2021 at the site and after their work was over, the applicant and the co-accused forced the victim for unnatural sex with them and thereafter threatened him not to inform anybody about the incident.