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Judgment
Mohd. Fahim Anwar, J
This is first bail application under Section 439 of Cr.P.C in connection with Cr i me No.546/2020 registered a t Police Station Lalbarra Distt. Balaghat
(MP) for the offence under Sections 363, 366, 376, 506 of IPC and 3, 4 of POCSO Act, 2012.
The case of the prosecution is that prosecutrix aged about 17 years was taken to Nagpur on 22/12/2020 by the applicant on the pretext of marriage
where he committed sexual intercourse with her and on the next day of incident, when prosecutrix asked the applicant to marry with her then
applicant refused and his family members have dropped the prosecutrix to her parental house. She narrated the incident to her parents and
accompanied with them, she lodged the FIR on 24/12/2020. On that basis, above mentioned crime has been registered against the applicant.
Learned counsel for the applicant has submitted that the applicant is innocent person and he has falsely been implicated in the crime. It is submitted
that the applicant is ready to furnish bail as per the order and abide with all conditions as may be imposed by the Court. He further submits that the
applicant aged about 23 years and is in jail since 24/12/2020. The trial will take long time for its final disposal. On these grounds, learned counsel for
the applicant prays for grant of bail to the applicant.
Per-contra, learned counsel for the respondent-State opposes the bail application.
On the date of incident, prosecutrix aged about 17 and applicant has committed sexual intercourse with her on the pretext of marriage and, later on, he
refused to marry with her.
Looking to the facts and circumstances of the case and the gravity of offence, I am of the view that at this stage, it is not a fit case to enlarge the
applicant o n bail. Hence, without commenting on the merits of the case, this bail application is hereby dismissed.