AJAY BHURIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is apprehending his/her arrest in connection with Crime No.413/2019 registered at Police Station Dwarkapuri, Indore District Indore (MP) for offence punishable under Sections 363 and 376(2)(n) of the Indian Penal Code, 1860 and also under Section 3 read with Section 4 of the Protection of Children from Sexual Offence Act, 2012.

(2.) As per prosecution case, on the basis of the allegations made by minor girl, offence under Sections 363 and 376(2)(n) of the Indian Penal Code, 1860 and also under Section 3 read with Section 4 of the Protection of Children from Sexual Offence Act, 2012 has been registered against the applicant.

(3.) Learned counsel for the applicant has submitted that the applicant is a young boy aged about 18 years and he has not committed any offence. Although in the statement of the prosecutrix recorded under Section 161 of the Code of Criminal Procedure, 1973, she made allegation against the applicant, that he provided shelter (in Delhi) to co-accused Raj, who committed rape on her, but no such allegation has been made by the prosecutrix against the applicant in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973. It is further submitted that the present applicant is ready to cooperate with the investigation and there is no possibility of his/her absconsion or tampering with the evidence, if enlarged on anticipatory bail. Under these circumstance, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.