MANISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary / challan papers.

(2.) This is the applicant's II bail application under Sec. 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.452/2022 registered at Police Station-NEEMUCH CITY, DIST.-NEEMUCH(MP) for offence punishable under Ss. 384, 376,506,34 of Indian Penal Code, 1860 and Sec. 3/4 of the Protection of Children from Sexual Offence Act 2012. The applicant is in custody since 2/11/2022. His first bail application was dismissed as withdrawn by this Court passed in MCRC.No.39205 of 2023 on 12/9/2023 with liberty to renew his prayer after the prosecutrix is examined in the trial Court.

(3.) Counsel for the applicant has submitted that the prosecutrix and her mother have already been examined in the trial Court and have not supported the case of the prosecution. Copies of their deposition is also placed on record. It is further submitted that there is no other material available on record which may suggest that the applicant committed rape on the prosecutrix. The applicant is lodged in jail since 2/11/2022. and as of now more than one year of incarceration. Thus, it is submitted that as final conclusion of the trial is likely to take a long time, the applicant be released on bail.