SOMNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first bail application under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Sec. 439 of Cr.P.C.) has been filed by the applicant Somnath S/o Shyamu Koli for grant of regular bail, who has been arrested on 1/8/2024 in connection with FIR/Crime No.453/2024 dated (not mentioned) registered at Police Station Barwani, District Barwani (M.P.) for commission of offences under Sec. 137(2), 87, 63, 64 and 65(1) of Bharatiya Nyaya Sanhita, 2023 and Sec. 3/4 of Protection of Children from Sexual Offences Act, 2012.

(2.) As per prosecution case, the allegation against the applicant is that he committed rape upon the minor prosecutrix.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime. Applicant is suffering incarceration since 1/8/2024 and has completed around six months in jail. The prosecutrix was reportedly minor, aged 15 years and 10 months. The date of incident is 29/7/2024 and matter was reported on 31/7/2024. The prosecutrix has been examined before the Trial Court. Applicant has no criminal past. Investigation is complete and charge-sheet has been filed. Final conclusion of the trial will take considerable long time, therefore, learned counsel prays for allowing the bail application and for grant of bail.