LAWS(MPH)-2023-5-42

MITHILESH BAIRAGI Vs. STATE OF MADHYA PRADESH

Decided On May 04, 2023
Mithilesh Bairagi 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.69/2020 registered at Police Station-Bamhani, District-Mandla (MP) for the offence under Ss. 450, 376, 376(2)(N), 363, 313, 315, 318, 506 of the IPC, Sec. 5(tha)/6 of the POCSO Act and Sec. 3(2)(V) of the SC/ST Act.

(2.) Learned counsel appearing for the applicant submitted that applicant is in jail since 14/4/2023. Applicant has been arrested on basis of memorandum given by co-accused persons. Prosecutrix has been examined and turned hostile. In these circumstances, prayer is made to enlarge applicant on bail.

(3.) Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicant was absconding for some time. In these circumstances, application for grant of bail may be dismissed.