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Judgment
Akhil Kumar Srivastava, J
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 234/2019 registered at P.S. Gadasarai, District- Dindori (M.P.) for the offence punishable under sections 363, 366, 376(3), 344, 506 of IPC and section 3/4 of POCSO Act, 2012.
According to the case of prosecution, the allegation against the applicant is that he has committed the rape upon the minor prosecutrix below the age of 18 years.
Learned counsel for the applicant submits that applicant is innocent and he is in custody since 2/12/2019. It is further submitted that prosecutrix went with the applicant on her free will and she is the consent party to the sexual intercourse. Charge-sheet has been filed. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Panel Lawyer has opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application on the ground that prosecutrix is a minor girl, aged about 15 years and in her court statement she has stated against the present applicant regarding rape upon her.
Having heard the contentions advanced by learned counsel for both the parties and the entire material available in the PDF format as well as the court statement of prosecutrix (PW-1) recorded before the trial court during trial, this Court is of the view that it is not a case wherein applicant may be entitled to be released on bail under section 439 of Cr.P.C.
Therefore, this bail application is hereby dismissed.