RAJESH KAHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of regular bail relating to FIR No.108/2023, dtd. 18/5/2023 registered at Police Station - Shahganj, District- Sehore (M.P.) for commission of offence punishable under Sec. 363, 366, 344 and 376(2)(n) of IPC, Sec. 5/6 of the POCSO Act and Sec. 3(1)(w), 3(2)(v) of the SC/ST (POA) Act. Applicant is in detention since 5/6/2023.

(2.) As per the prosecution story, on 18/5/2023 prosecutrix's father lodged an FIR about missing of his 17 year and 9 months old daughter, who is a student of Class-XIIth, since 10:00 A.M. of 17/5/2023. FIR was registered for commission of offence under Sec. 363 of IPC. Prosecutrix was recovered on 1/6/2023 from the house of Neeraj Malviya at Mandideep. After investigation, charge sheet has been filed.

(3.) Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Prosecutrix has gone with him on her own. They have entered into wedlock. At the time of commission of offence prosecutrix was almost at the verge of completion of 18 years of age and in statement recorded under Sec. 164 of Cr.P.C she has clearly stated that she had entered into relationship with the applicant with her own consent. Therefore, it is prayed that applicant may be released on bail.