ASHOK CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 346/2018 registered at P.S. Pawai, District - Panna (M.P.) for the offence punishable under sections 363, 366, 376 of IPC and sections 3, 4 of POCSO Act, 2012.

(2.) As per the prosecution story the allegation against the applicant is that he abducted the minor prosecutrix and committed rape upon her.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 27/05/2019. Prosecutrix is more than 16 years of age. It is further submitted that court statement of prosecutrix and her father and mother namely Leela Choudhary (PW-7) and Sahudra Choudhary (PW-8) have been recorded before the trial court. They have not supported the prosecution case, hence, turned hostile. Charge-sheet has been filed and trial will take time to conclude. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicant on bail.