RAJA KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first bail application has been filed by applicant Raja Kushwah under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail, who has been in judicial custody since 9/7/2023 in connection with Crime No.125/2023 registered at Police Station Tyonda, District Vidisha, for the offences punishable under Sec. 363, 366, 376(2)(n), 344 of IPC and Sec. 5/6 of Protection of Children from Sexual Offences Act, 2012.

(2.) Learned counsel for the applicant, in addition to the ground mentioned in the application, submits that the applicant is aged about 22 years. No case of rape or sexual assault is made out against the applicant. He has been falsely implicated in the matter at the instance of parents of the prosecutrix. The applicant is a permanent resident of village Chak Lagdha, District Vidisha, Therefore, there is no likelihood of his absconsion leaving behind his family to suffer. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

(3.) Per contra, learned counsel for the State opposes the prayer for grant of bail to the applicant and submits that according to first admission register of Government Primary School, Lagdha, date of birth of prosexutrix is 06/06/2007, therefore, she was minor at the time of incident i.e., 21/05/2023 and till, she was recovered. Her consent is immaterial in the matter, therefore, the applicant may not be released on bail.