MUKESH GURJAR 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. 210/2019 registered at Police Station Tejgarh District Damoh (M.P.) for the offence under Sections 363, 366, 376 and 506 of IPC and Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012.

(2.) As per the prosecution case, the applicant kidnapped the prosecutrix and persistently committed rape on the prosecutrix upon a false promise to marry.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The applicant who is in jail since 30.7.2019 has no past criminal history. The prosecutrix being a consenting party had resided with the applicant for a considerable period. She went alongwith the present applicant from Jhelan to Sagar and thereafter from Sagar to Delhi. Her age is in between 17 to 18 years. Charge sheet has been filed and the trial would take considerable time to conclude. There is no likelihood of absconding and tampering with the prosecution evidence by the applicant and his further custody is not required in this case. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicant be released on bail.