KARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 798/2022 registered at P.S - Agar, District- Agar Malwa (M.P.) for commission of offence punishable under Ss. 363, 366(A), 376(2) (n), 376(2)(h), 376(2)(k) of IPC and Sec. 3/ 4(2), 5(l) / 6, 5(j)(ii) of POCSO Act.

(2.) As per prosecution story,on 26/11/2022, father of the prosecutrix lodged FIR at police station - Agar, District - Agar Malwa by stating that her minor daughter / prosecutrix is missing from hom. During investigation, the prosecutrix was recovered and it has been gathered that present applicant abducted the prosecutrix and took her with him at different places and repeatedly committed rape upon her, due to which, she became pregnant. Accordingly, the aforementioned offence was registered and he was arrested.

(3.) Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Prosecutrix and present applicant solemnized marriage with their own consent and the consent of their families. The prosecutrix herself and her father filed affidavit by stating that at the time of the incident, the prosecutrix was major and they have no objection, if the applicant is granted bail. Applicant is in custody since 17/01/2023 He is permanent resident of District- Bulandshahar (UP). There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.