HARIOM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard and perused the case-diary. This is the third application filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with FIR / Crime No.05/2024 registered at Police Station - Khujner, District - Rajgad, for commission of offences punishable under Ss. 376, 450, 506-II of the Indian Penal Code, 1860 and Sec. 3/4 of Protection of Children from Sexual Offences Act, 2012, 3(1)(w)(ii), 3(2)(v) of SC/ST (PA) Act 1989. The applicant is in custody since 15/1/2024.

(2.) The allegation against the present applicant is of abduction and commission of rape.

(3.) Learned counsel for the applicant submits that in this case the statements of prosecutrix, her mother and brother have been recorded, they have not supported the prosecution story and have also been declared hostile. The applicant is an innocent person and has been falsely implicated in this case. T h e applicant is in custody since 15/1/2024 i.e. more than 3 months. Therefore, application filed by the applicant may be allowed and the applicant may be enlarged on bail.