DAYARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard and perused the record. 1. This first bail application has been filed on behalf of the applicant under Sec. 439 of the Code of Criminal Procedure for grant of bail relating to Crime No.37/2024 dated (not mentioned), registered at Police Station-Susner, District-Agar Malwa (M.P.) for the offence under Ss. 363, 366, 376(2)(n) of IPC and under Sec. 3/4 and 5(L)/6 of POCSO Act. The applicant is in custody since 29/2/2024.

(2.) As per prosecution story, the allegation against the applicant is that he has committed rape upon the minor prosecutrix.

(3.) Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. It is further submitted that the age of the prosecutirx is aged about 16 years and 09 months. The prosecutrix was a consenting party and she eloped with the applicant on 13/2/2024, report was lodged on 15/2/2024, they both resided with each other for 15 days and could be recovered on 22/2/2024. It is also submitted that earlier they both got married and a certificate of Secretary of Gram Panchayat has also been filed in this regard. The applicant is in jail since 29/2/2024 and final conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.