SHIVANSHU VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The first bail application has been filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail who has been in judicial custody since 13/2/2023 in connection with Crime No.1157/2022 registered at Police Station- Kolgawan, District- Satna (M.P.) for the offence punishable under Ss. 366 and 376 of Indian Penal Code, under Sec. 5/6 of POCSO Act, 2012 and under Sec. 3(2)(v) of Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) According to the prosecution case, the father of the victim lodged a missing report stating therein that on 30/8/2022, his daughter went to market place to purchase vegetable and did not return. On 3/9/2022 the victim was recovered and her statement under Sec. 164 of Cr.P.C. came to be recorded on 5/9/2022 in which she stated that she had gone voluntarily with the applicant due to the fear of her brother and visited several places and later on returned to her house. In addition to the grounds mentioned in the application, learned counsel for the applicant submits that its a case of love affair between two young persons. Applicant was aged 20 years and victim was aged 17 years at the time of incident. The victim in her statement under Sec. 164 of Cr.P.C. specifically stated that due to fear of her family, she went to accused at her own volition and they both went to various places. She has not alleged that accused forced her for physical relationship. Investigation is complete and charge-sheet has been filed. Therefore, chance of tampering with investigation is ruled out.

(3.) Learned counsel further submits that the applicant resides at District-Satna with his family. So, there is no likelihood of his absconding leaving behind the family to suffer. Hence, the applicant may be granted bail. Learned counsel for the State opposes the prayer and submits that in her statement under Sec. 161 of Cr.P.C., the victim has alleged forceful physical relation by the applicant. The counsel prayed for dismissal of the application