LAWS(MPH)-2024-1-77

RAMVARAN RAWAT Vs. STATE OF MADHYA PRADESH

Decided On January 25, 2024
Ramvaran Rawat Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to FIR No. 1135 of 2023 registered at Police Station Dabra, District Gwalior (M.P.) for the offence under Ss. 363, 376, 376 (2) (n) of IPC and Sec. 3/4 of POCSO Act.

(2.) Learned counsel for the applicant argued that the applicant is innocent and h a s been falsely implicated which is evident from the statement of the prosecutrix recorded under Sec. 164 CrPC in which she has stated her age as 20 years. She has not supported the case of the prosecution and also stated that she solemnized marriage with the present applicant. It is further argued that applicant is in custody since 20/12/2023. He is the permanent resident of District Datia (M.P.) having no criminal antecedents and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant.

(3.) Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.