SUKHRAM 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, in connection with FIR/Crime No.147/2022, Date:-(Not mentioned) registered at P.S.-Amjhara, District-Dhar, (M.P.) for commission of offence punishable under Ss. 363, 366, 373, 376(2)(N) of the IPC and Sec. 3/4, 5(L) and 6 of the POCSO Act.

(2.) As per prosecution story, at the time of the incident prosecutrix was aged more than 17 years. On 30/3/2022, applicant kidnapped the prosecutrix and took her to village Indorma P.S. Pithampur and kept her for two months. Meanwhile, he committed rape upon her several times.

(3.) Learned counsel for the applicant submits that applicant has not committed the offence and has falsely been implicated in the case. Prosecutrix was aged more than 18 years but her actual date of birth is not mentioned in the scholar register. Prosecutrix was a consenting party for sexual intercourse. Applicant is in custody since 28/6/2022. After completion of investigation charge sheet has been filed. The conclusion of the trial will take sufficient long time for its disposal. Under these circumstances, prayer is made for grant of bail to the applicant.