RAJESH AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application u/S.439 of Cr.P.C filed by the applicant for grant of bail.

(2.) The applicant was arrested on 12/7/2022 in connection with Crime No.552/2022 at Police Station Cantt, District Guna (M.P.) for the offence punishable under Ss. 363, 366, 376(2)(N), 376(3) of IPC and Ss. 5(L)/6 of POCSO Act.

(3.) In brief, the prosecution case is that on 8/7/2022 father of the prosecutrix lodged a missing report of his daughter aged about 14 year 6 months that she is missing from 6/7/2022, somebody persuaded him. On his information, missing report was registered. On 12/7/2022, she was recovered from Indore. Statements of prosecutrix were recorded. In her statement, she has stated that she is aged about 14 year 6 months. One month back a phone call of a boy came on her phone and he narrated his name as present applicant-accused Rajesh Ahirwar resident of Village Bhaisa District Ashoknagar. Thereafter, they developed friendship with each other. He proposed her for marriage. On 28/6/2022, in the night at 10:30 pm, applicant-accused came and committed sexual intercourse with her. Thereafter, they used to talk each other regularly. Afterwards in July, 2022 they decided to fled away and solemnized their marriage. After that they reached Indore and made physical relationship just like husband and wife. Police rescued her. She was sent for medical examination.