Madhya Pradesh High Court
MCRC/50978/2020 of SANTOSH Vs THE STATE OF MADHYA PRADESH on 31 December 2020
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-50978-2020 (SANTOSH
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The High Court Of Madhya PradeshMCRC-50978-2020
(SANTOSHVs THE STATE OF MADHYA PRADESH AND OTHERS)
[31][-][12][-][2020]Jabalpur, Dated :
Heard through Video Conferencing.
Shri M.L. Sharma, learned counsel for applicant.
Shri Prakash Gupta, learned P.L., for the respondent/State.
This is the first bail application filed by the applicant under Section 439of the Cr.P.C. for grant of bail, who is in custody since 16.02.2020 inconnection with Crime No.36/2020 registered at Police Station Jawar, DistrictSehore for the offence punishable under Sections 363, 366, 376, 348, 34 ofthe IPC and sections 4/6 of the POCSO Act.
Allegation against the applicant is that he repeatedly committed rapewith the prosecutrix, who was minor being 13 years old at the time ofincident.
It is submitted that the applicant is innocent. He is in custody since16.2.2020. Charge sheet has been filed. Case is still pending. There is nomedical evidence to support the prosecution version. There is no likelihoodof his absconding and tempering with the material witnesses. Hence, he beenlarged on bail.
Learned P.L. opposed the application and prayed for rejection of thesame. He submits that there is nothing on record to suspect of truthfulness ofthe prosecutrix. Looking to the age of prosecutrix, offence is very serious,therefore, the applicant is not entitled to get benefit of bail.
Having considered the contentions of learned counsel for the partiesand perusing the record, in view of this Court, it is not a fit case to grant bail.Hence, this application is rejected.
However, it is made clear that after recording the statement of theprosecutrix, the applicant may file fresh application for grant of bail.CC as per rules.
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