MANGAL SINGH 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 29/5/2023 in connection with Crime No.12/2023 registered at Police Station Mahila Thana, District Bhind for the offence punishable under Ss. 376, 376(D)(B), 120-B of IPC and Sec. 5(l), 5(n), 5(j)(ii) read with Sec. 6,16,17 of POCSO Act and Sec. 75 of Juvenile Justice Act.

(2.) Prosecution case, in brief, is that, applicant being step-father of minor prosecutrix aged about 15 years kept her as his wife and in between 20/1/2020 and 28/5/2023 committed rape upon her repeatedly due to which she got pregnant and delivered a child.

(3.) Learned counsel for the applicant submits that it is apparent from the FIR itself that the prosecutrix herself lived with the applicant as his wife for a long period. She was major at that time, as there is nothing on record about her age except Adhar Card. No offence is made out against the applicant. The co-accused-Mamta, who is the mother of prosecutrix, has already been enlarged on bail vide order dtd. 21/6/2023 passed in M.Cr.C. No.24283/2023. The applicant is in custody since 29/5/2023 and the trial will take time to conclude, therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.