ANIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 17/11/2022 in connection with Crime No.967/2022, registered at Police Station Dhamnod, District- Dhar (M.P.) for commission of offence punishable under Ss. 363, 376(1) of IPC and sec. 3/4, of POCSO Act, 2012.

(2.) Learned counsel for the applicant submits that prosecutrix was minor at the time of incident. She voluntarily went with the applicant and when her brother saw her along with the applicant she lodged the report against the applicant. He further submits that prosecutrix statement recorded during investigation are inconsistent with her own FIR. FIR is delayed by 7 hours without any reasonable cause. Nothing material has been produced on record with regard to the age of the prosecutrix. The all prosecution case is apparently false. The conclusion of trial will take considerable long time, therefore, he may be enlarged on bail.

(3.) Learned counsel for the respondent/State has opposed the bail application and submits that prosecutrix was minor at the time of incidence and the allegations leveled against the applicant is of serious in nature hence he is not entitled for grant of bail.