GIRRAJ KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This SECOND application has been filed by applicant under Sec. 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.398 of 2023 registered at Police Station Gohad District Bhind (M.P.), for offences punishable under Ss. 376, 354(k), 450, 109, 34, 376(d)(a) of IPC and Sec. 3/4, 16/17 and 5/6 of POCSO Act on the ground of examination of material witnesses before the trial Court. First application M.Cr.C.No.52252 of 2023 was dismissed as withdrawn vide order dtd. 3/1/2023. Applicant is in judicial custody since 16/10/2023.

(2.) As per the case of prosecution, victim aged around 16 years submitted handwritten complaint to SHO PS Gohad Distt. Bhind, in tera lia, stating that Girraj, Manish and Kamlesh are harassing her. On 28/9/2023 around 1 in the afternoon, Kamlesh took her to his residence. Kamlesh closed the doors of the room from the outside. Manish and Girraj (applicant) who were sitting in the room, pushed her on the ground. They pressed her breasts and put finger in her private part. When she shouted, both of them fled away climbing the roof. Kamlesh opened the room and threatened her. She informed her mother but her mother did not report due to fear of social disrepute. On 4/10/2023 around 11 in the morning, she was returning from coaching, Manish and Girraj intercepted her and dragged her in the nearby bushes. Both of them pressed her breasts and inserted finger in her private part. When she shouted, both accused fled away. She was going to her home, on way, she met Ballu Sengar. She complained to Ballu Sengar. Thereafter, she narrated the incident to her mother and come to report. On such allegations, PS Gohad registered FIR at Crime No.398 of 2023 for offence punishable Ss. 376, 354(k), 450, 109, 34, 376(d)(a) of IPC and Sec. 3/4, 16/17 and 5/6 of POCSO Act against Girraj (applicant) and Manish. The victim was forwarded for medico-legal examination. No external or internal injury was found on her person. Applicant was arrested on 16/10/2023. He is in custody ever since. Other co-accused were also arrested. Statements of witnesses U/s 161 and 164 of Cr.P.C were recorded. On completion of investigation, final report was submitted on 4/12/2023. The trial is underway.

(3.) Leaned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. Learned counsel referring to the statements of prosecution witnesses, Victim (PW1), her mother (PW2) and father (PW3), submits that none of the witnesses have supported the prosecution. The witnesses resiled from their allegations. Applicant is aged 37 years and is labourer by profession. He is sole bread earner of the family. There is no likelihood of his absconsion leaving family and home. No criminal antecedent is alleged against him. There is no likelihood of tampering with evidence by the applicant. Trial would take time to conclude. Therefore, applicant may be extended the benefit of bail.