AI Structured Summary
Not yet generated for this judgment
Judgment
Vishal Dhagat, J
This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No. 47/2022, registered at Police Station-Kamla Nagar, District Bhopal (MP) for the offence under Sections 363, 376(3), 328, 342 of Indian Penal Code and Section 3/4 of Protection of Children from Sexual Offences Act.
Counsel appearing for applicant submitted that there is no role of applicant in committing rape on prosecutrix. Rape is said to have been committed by one Aniket, who is co-accused in the case. Applicant is in jail since 16.01.2023. Considering role of applicant, he may be enlarged on bail.
3 . Learned Government Advocate appearing for State opposed the application for grant of bail. It is submitted that it was the applicant who had administered stupefying drug to prosecutrix, thereafter, she was raped by co-accused Aniket. In view of same, application be dismissed.
Heard the counsel for the parties.
Considering the role of applicant, bail application filed by applicant is dismissed.