AMBARAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 285/2019, registered at Police Station-Engoria, District-Ujjain, for commission of the offences under Sections 363, 366, 368 and 376(2)(n) of the IPC alongwith Section 5/6 of Protection of Children from Sexual Offences Act, 2012.

(2.) As per prosecution story, it is alleged that the applicant accompanied with the main-accused-Bablu in abducting the prosecutrix, later on who committed rape upon her.

(3.) Learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present crime. Although, the prosecutrix made allegation against the applicant in her statement recorded under Section 161 of the Cr.P.C. that when main accused-Bablu took her on motorcycle at that time the applicant was also accompanied with him, however, no such allegation has been made by the prosecutrix in her statement recorded under Section 164 of the Cr.P.C. If all the allegations made against the applicant are accepted at their entirety, even then at the most offence under Section 363 of the IPC will be made out against the applicant, who is in custody since 18/09/2019. Investigation is over and charge-sheet has been filed. Conclusion of trial will take sufficient long time. Under these change of circumstances, learned counsel for the applicant prays for grant of bail to the applicant.