ROSHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this second application u/S 439 Cr.P.C. for grant of bail. The application for the same relief was dismissed as withdrawn vide order dtd. 28/4/2023 passed in M.Cr.C. No.15893/2023.

(2.) The applicant has been arrested by Police Station Utila, District Gwalior in connection with crime No. 31/2023 registered for the offence punishable under Ss. 377, 506 of the I.P.C. and Sec. 3/4 of the POCSO Act.

(3.) The allegation levelled against the applicant is that he committed sexual assault upon the victim. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. Victim PW-1 (page-11) and his father PW-2 (page-13) have been examined. They have not supported the prosecution case and turned hostile. After conclusion of investigation, charge sheet has been filed; therefore, no further custodial interrogation is required. Applicant is in custody since 15/3/2023. The applicant is permanent resident of District Gwalior. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant. On the other hand, learned State counsel opposed the application and prayed for its rejection.