SANTOSH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant is in custody since 29.6.2015 relating to Crime No. 115/2015 registered at Police Station Tamiya, Chhindwara for the offences punishable under sections 341,376 of IPC, section 3(2)(v) of SC/ST (Prevention of Atrocities) Act and sections 3/4 of POCSO Act.

(2.) LEARNED counsel for the applicant submits that the applicant is a youth of 23 years of age. who has no criminal past alleged against him. The prosecutrix is shown to be 17 years of age, but no cogent evidence is available for computation of her age positively. Looking to her physical appearance, she appears to be above 18 years of age. The FIR has been lodged with a delay of at least 6 -7 hours. No external or internal injury was found on her person. It would be apparent that the applicant is falsely implicated in the matter. No alleged offence is made out against the applicant. He is in custody without any substantial reason. Under these circumstances, the applicant prays for bail.

(3.) LEARNED counsel for the State opposes the application. Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under section 439 of CrPC. filed by the applicant viz. Santosh may be accepted. Consequently it is hereby allowed.