VIKASH GAUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.26/2024 dtd. 24/1/2024 registered at Police Station-Dehat, District Narmadapuram for the alleged offence punishable under Sec. 376 and 506 of IPC and under Sec. 3/4 of the POCSO Act.

(2.) Learned counsel for the applicant contends that the applicant is aged about 20 years and the date of birth of the prosecutrix is 14/11/2006. As per allegations levelled by the prosecution, on the date of incident i.e. 19/6/2023, the prosecutrix was aged about 17 years. It is contended by the counsel that from the statement of the prosecutrix recorded under Sec. 164 CrPC, it is evident that the applicant and prosecutrix were known to each other and when they were found together by the sister of the prosecutrix, the applicant has been falsely implicated. It is contended by the counsel that the applicant himself is aged about 20 years and there is no criminal past against him, therefore, he deserves to be enlarged on bail.

(3.) Per contra, learned counsel for the State has opposed the prayer for grant of bail while submitting that there are direct allegations against the applicant.