JASMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second bail application filed by applicant under Sec. 439 of Cr.P.C. for grant of regular bail relating to FIR No.52/2022 registered at Police Station-Gunga, District-Bhopal(MP) for the offence under Sec. 376(D), 363, 366, 342 of IPC 3/4 and 5/6 of POCSO Act.

(2.) Learned counsel appearing for the applicant submitted that co-accused persons was enlarged on bail vide order dtd. 4/3/2024 in M.Cr.C.No.56108/2023 on the grounds that he was in jail for a period of two years. Prosecutrix has been examined in Court and now there is no chances that said applicant will be able to influence the witnesses of the case. It is submitted that similar circumstances exists in this case. He is also in jail since 13/3/2022. In these circumstances, applicant may be released on bail.

(3.) Learned Government Advocate appearing for the State opposed the bail application. It is submitted that offence is serious in nature. Prosecutrix has been examined but she is not hostile.