MOORAT PAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard.

(2.) This is first bail application filed on behalf of the petitioner under Section 439 of the Code of Criminal Procedure. The petitioner is in custody since 25.08.2019 in connection with Crime No.135/2019 registered at Police Station-Maharajpur, Distt.-Chhatarpur (M.P.) for the offence punishable under Section 363, 366, 376(2) of IPC and Section 5(tha)/6 of POCSO Act. Prosecution story in short is that 01.06.2019, brother of the prosecutrix-Aniket Pal/complainant lodged an FIR by stating that on 31.05.2019, he alongwith his father came back to home from his field and saw that his sister/prosecutrix was not at home. He searched her everywhere but could not found. On the basis of such report, police has investigated the matter and arrested the petitioner on 25.08.2019 and registered the aforesaid offence against him.

(3.) Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that prosecutrix is above 18 years old. Petitioner-accused and prosecutrix love each other. They also solemnized marriage. The parents of prosecutrix are not ready to accept their marriage and hence falsely implicate the petitioner in this case. There is no previous criminal record of the petitioner. He is in jail since 25.08.2019 and trial will take time to conclude. There is no chance of petitioner's absconding and tampering with the evidence. The petitioner is ready to furnish bail bond, as per the order, abiding with all conditions imposed by the Court. On these grounds, he prays for grant of bail to the petitioner.