SHIVA KUCHBANDHIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.194/2019 registered at P.S. Sohagpur, District Hoshangabad (M.P.) for the offence punishable under Sections 363, 366, 376(2)(dha) of IPC and section 5(L)/6 of POCSO Act. The first application was dismissed considering the merits of the matter vide order dated 16.08.2019 passed in M.Cr.C. No.27425/2019.

(2.) Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 26.05.2019. It is further submitted that after dismissal of the first application, court statement of prosecutrix and her father has been recorded during trial in which they have turned hostile and not supported the prosecution case. 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 changed grounds, prayer is made to release the applicant on bail.

(3.) Learned Government Advocate has opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application.