LAWS(MPH)-2023-9-64

SHAIF QURESHI Vs. STATE OF MADHYA PRADESH

Decided On September 27, 2023
Shaif Qureshi Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No. 202/2023. registered at Police Station Parasiya, District Chhindwara (M.P.) for the offences under Ss. 363, 368, 376, 376(3), 376(2)(n), 506 and 34 of the Indian Penal Code and Ss. 3, 4, 5(L) and 6 of the POCSO Act.

(2.) Learned counsel appearing for the applicant submitted that applicant in innocent and has falsely been implicated in the case of rape. Applicant was having love relationship with prosecutrix. Due to said relation, prosecutrix eloped with him. When applicant was discovered alongwith prosecutrix, she has lodged false report of rape. Applicant is in jail since 19/6/2023. In these circumstances, applicant may be enlarged on bail.

(3.) Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that prosecutrix is minor. Applicant had threatened the prosecutrix and had forced her to leave the house with him. Applicant had kidnapped and abducted the prosecutrix. In these circumstances, applicant may not be released on bail.