Madhya Pradesh High Court

MCRC/55544/2023 of DURGASHANKAR @ DURGESH LODHA Vs THE STATE OF MADHYA PRADESH on 26 September 2024

COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 19[th] OF JANUARY, 2024

MISC. CRIMINAL CASE No. 55544 of 2023

BETWEEN:-

DURGASHANKAR @ DURGESH LODHA S/O SHYAMLODHA, AGED ABOUT 19 YEARS, OCCUPATION:LABOUR FUTI KUNDI BAROD, DIST. AGAR MALWA(MADHYA PRADESH)

(SHRI SHASHANK SHRIVASTAVA- ADVOCATE)

.....APPLICANT

AND

1.THE STATE OF MADHYA PRADESH STATIONHOUSE OFFICER THROUGH POLICE STATIONAGAR MALWA (MADHYA PRADESH)

2.VICTIM X THROUGH BAROD P.S. DIST. AGARMALWA (MADHYA PRADESH)

(SHRI SANTOSH SINGH THAKUR- PUBLIC PROSECUTOR)

.....RESPONDENTS

This application coming on for orders this day, the court passed the following:

ORDER

This is fourth application filed under section 439 of Cr.P.C in crimeno.385/2022 under section 363, 366, 346, 376(2)(n), 376(3), 344 of IPC and3/4, 5L/6, 16/17 of POCSO Act registered at police station Barod, District AgarMalwa.

2. The third application for grant of bail has already been rejected onmerits after considering the statement of prosecutrix and her parents and the age of the prosecutrix.

3. Learned counsel for the applicant submits that the applicant is in jail since 13.12.2022.

4. In view of the aforesaid, no case is made out for grant of bail.

5. Accordingly, the present application stands dismissed.

6. However, it is observed that the trial Court shall make all endevours to expedite the trial expeditiously preferably within six months from the date ofcommunication of the order.

(VIJAY KUMAR SHUKLA)JUDGESourabh

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