LAWS(MPH)-2023-5-64

JAY PATIDAR Vs. STATE OF MADHYA PRADESH

Decided On May 01, 2023
Jay Patidar Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is repeat (2nd) application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of regular bail relating to FIR No. 21/2022 dated (not mentioned) registered at Police Station - Mahila Police Thana, Khargone (M.P.) for the offence under Ss. 354, 354(D), 376, 376(3), 506 of IPC and under Sec. 3/4 of POCSO Act and under Sec. 67(B) of I.T. Act. The earlier bail application was dismissed as withdrawn on 17/4/2023.

(2.) Counsel for the applicant submits that the present application is filed on the ground that the parents of the prosecutrix have no objection to grant bail to the applicant.

(3.) Counsel for the State opposes the prayer for grant of bail on the ground that the statement of the prosecutrix was recorded under Sec. 164 of Cr.P.C. and she has made allegations against the present applicant and her age is 16 years.