Madhya Pradesh High Court
Suresh vs The State Of Madhya Pradesh on 22 April, 2015
MCRC-5606-2015
(SURESH Vs THE STATE OF MADHYA PRADESH)
22-04-2015
Shri M.K. Tripathi, learned counsel for the applicant.
Shri A.N. Gupta, learned Panel Lawyer for the respondent/State.
Heard arguments.
Perused case diary and material on record. This is first bail application filed by the applicant under Section 439 of the Cr.P.C. in connection with Crime no. 35/2015, registered at Police Station, Nimbola, District Burhanpur against him for the offences punishable under Sections 363, 366, 376, 506 of the IPC and 3 r/w 4 of the Protection of Children from Sexual Offences Act, 2012.
Prosecution allegations are that the relations between the applicant and the prosecutrix is Jeeja and sister-in-law. On 08.03.2015 the minor prosecutrix had gone into the forest for grazing her domestic animals, wherefrom the applicant took her on his motorcycle to a hut intimidating her, where the applicant raped her.
Learned counsel for the applicant submits that the applicant is in custody since 01.04.2015 and the charge sheet had been filed. It is also submitted by him that the applicant has falsely implicated in the case and he has no criminal history. Upon these submissions, a prayer is made for grant of bail. Learned Panel lawyer opposes the prayer vehemently. It is submitted by him that the prosecutrix in her statement under Section 164 of the Cr.P.C. has narrated the entire incident including the commission of offence by the applicant. It is also submitted by him that as per the ossification test report the prosecutrix is minor. It is also submitted by him that it is a case of incest rape.
On due consideration of the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel, the age of the prosecutrix at the time of the incident and her statement under Section 164 of the Cr.P.C., but without expressing any opinion on merits of the case, I am not inclined to grant the bail to the applicant. Hence, his bail application is rejected.
Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE dixit/-