GOPALSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to FIR No.519 of 2023 registered at Police Station Madhoganj, District Gwalior (M.P.) for the offence under Ss. 376 (2) (n), 376 (3), 109, 323, 506 and 34 of IPC, Sec. 5/6, 16/17 of POCSO Act and Ss. 3 (1) (w) and 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(2.) Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. Entire prosecution story is highly suspicious and improbable in the light of the fact that the prosecutrix herself stated in her statement that she lives with her aunt (bua) along with aunt's sons Rahul and Ramu, two daughters-in-law as well as her grand mother, however, she never informed her family members about the incident for almost three months. It is further argued that the house where allegedly the incident occurred is situated in dense locality and it is not possible to commit such type of offence in that area. There is no evidence that the prosecutrix raised alarm at the time of commission of offence. FIR is lodged after a delay of three months on 5/11/2023 for which no plausible explanation has been given. Even mother of the prosecutrix has lodged many FIR under Sec. 376 of IPC against other persons and turned hostile. Judgements are annexed with the bail application. Further argument is that applicant is in custody since 13/12/2023. After conclusion of investigation, charge-sheet has already been filed, therefore, there is no requirement of further custodial interrogation of the applicant. Applicant is the permanent resident of District Gwalior (M.P.) having no criminal antecedents and there is no possibility of his absconsion or tampering with the prosecution evidence. On these grounds, he prays for grant of bail to the applicant.

(3.) On the other hand, learned State counsel opposed the application and prayed for its rejection.