HERO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to FIR No. 506 of 2022 registered at Police Station Sironj, District Vidisha (M.P.) for the offence under Ss. 344, 348, 365, 366-A, 376(D), 109, 120-B, 193, 195, 196, 506/34 of IPC and Sec. 5 / 6 and 16/17 of POCSO Act and Sec. 3(2)(Va) of SC/ST Act.

(2.) Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. Allegedly prosecutrix got missing on 19/11/2022 and on the same day FIR was lodged. Further submission is that prosecutrix got recovered on 20/12/2022 and her statements under Ss. 161 and 164 of Cr.P.C. were recorded on the same day i.e. on 20/12/2022, however, in her statement she has not made any allegation against the present applicant. Even in her supplementary statement dtd. 22/12/2022 no allegation was made against the present applicant in respect to sexual assault. It is further argued that in her statement under Sec. 164 of Cr.P.C. recorded on 6/4/2023, name of the present applicant has not been mentioned by the prosecutrix. Applicant has been arrayed as an accused only on the basis of memorandum/statement of co-accused- Farman. However, DNA report dtd. 15/1/2024 is not corroborative in respect to present applicant. Further submission is that after conclusion of investigation, charge-sheet has been filed and prosecutrix has been examined as PW/1, therefore, question of influencing the prosecutrix does not arise. TIP of applicant/accused is suspicious on the basis of evidence of prosecutrix in her cross examination. Under these circumstances, so also in light of the fact that he is in custody since 19/10/2023, he is entitled to get the benefit of regular bail. He is the permanent resident of District Vidisha (M.P.) having no criminal history 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.