Dasrath vs The State Of Madhya Pradesh
2021 Latest Caselaw 5117 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                          M.Cr.C. No.42682/2021
                        (Dasrath Vs. State of M.P.)
                                    -1-
Indore, dated 07/09/2021
         Shri Anil Nagrani, learned counsel for the applicant.

         Shri D.S. Chouhan, learned Panel Lawyer for the respondent /

State.

This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with Crime No.134/2021 registered at Police Station- Panvasa, District- Ujjain (MP) for offence punishable under Sections 363, 366, 376 (2)(n) of IPC and Section 5L/6 of POCSO Act. The applicant is in custody since 27.05.2021.

02. As per prosecution story, the date-of-birth of the prosecutrix is 19.05.2005 and she was minor at the time of incident. On 25.03.2021 at about 8 a.m., complainant/mother of the prosecutrix along with her elder daughter left her house for work leaving her younger daughter- the prosecutrix alone at home. Applicant entered the prosecutrix's house and caught hold the prosecutrix and took her along with him. The complainant lodged a report at police station-Mahidpur about missing of her daughter- the prosecutrix. During investigation, it was found that the present applicant kidnapped the prosecutrix and committed rape upon her several times. Accordingly, offence has been registered against the present applicant.

03. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the case. The applicant is in custody since 27.05.2021 and investigation is over and charge-sheet has been filed and conclusion of trial will take sufficient long time and the applicant is permanent resident of district- Ujjain. He further submits that the prosecutrix herself stated in her statements HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M.Cr.C. No.42682/2021 (Dasrath Vs. State of M.P.)

recorded under Section 164 of Cr.P.C. that she went with the present applicant with her own efforts and the applicant established physical relationship with her with her consent, under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Learned counsel for applicant has also placed reliance upon a judgment delivered by the Bombay High Court in the case of Anirudha Radheshyam Yadav Vs. The State of Maharashtra (Criminal Bail Application No.2632/2019).

04. On the other hand, learned Panel Lawyer opposes the prayer and prays for rejection of the bail application by stating that the prosecutrix was minor at the time of incident and her consent regarding intercourse is immaterial.

05. Considering the facts and circumstances of the case and also the nature and gravity of the allegation and the fact that the prosecutrix was only 14 years of age at the time of incident and she left her paternal home without informing her parents and also looking to the evidence available on record, without commenting upon the merits of the case, this Court is of the opinion that no case for grant of bail to the present applicant is made out. Present application is accordingly, dismissed.

Certified copy as per rules.

(Anil Verma) Judge

N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.09.09 19:08:33 +05'30'