RAJESH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Arguments heard upon first application filed on 03.07.2018 under section 439 of Cr.P.C , 1973 for grant of bail on behalf of applicant Rajesh. Ca s e diary of Crime No.89/2018 registered at Police Station Bhaisdehi District Betul(M.P.) under Sections 363, 376, 506 r/w 34 of IPC and 3/4 of POCSO Act, also perused.

(2.) Learned counsel for the applicant has submitted that the applicant has not committed such offence. He is an innocent person and has been falsely implicated in this offence. Charge-sheet has been filed. Due to previous enmity and due to some dispute with Suraj, the applicant has been implicated by lodging a false report regarding rape. It is also submitted that no injury has been found on the body of the prosecutrix. The applicant is in custody since 14.01.2018. Therefore, he may be released on bail.

(3.) On the other side, State has strongly opposed the application and submitted that the applicant is the main accused of the case who committed rape with the minor girl. Therefore, bail should not be granted to the applicant.