AI Structured Summary
Not yet generated for this judgment
Judgment
Rajeev Kumar Dubey, J
This is the first application under Section 439 of the Cr.P.C. for grant of bail. Applicant Mohd. Arif Mansoori was arrested on 02/08/2020 in
connection with Crime No.245/2020 registered at Police Station Laur, District Rewa for the offence punishable under Sections 376, 506 of the IPC,
Section 3/4 of the POCSO Act and Section 3(1)(w)(ii), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
As per the prosecution case on 31/07/2020 at around 06:00 A.M. when prosecutrix, who was minor, was going to attend the call of nature outside of
her house, applicant caught hold of her and committed rape with her.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime. There are many contradiction and
omission in the case diary statement of prosecutrix and in the statement recorded by the JMFC under Section 164 of the Cr.P.C of the prosecutrix.
The applicant has been in custody since 02/08/2020. The charge-sheet has been filed and conclusion of trial will take time, hence prayed for release of
applicant on bail.
Learned counsel for the respondent-State opposed the prayer and submitted that the applicant committed rape with a minor girl, so he should not be
released on bail.
Looking to the facts and circumstances of the case and the allegation that applicant committed rape with a minor girl aged about 16-17 years, this
Court is not inclined to grant bail to the applicant.
Accordingly, M.Cr.C. is rejected.