High CourtsSingle Bench

Mukesh vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 5 June 2023 · Citation: (2023) 06 MP CK 0006

HON’BLE JUDGES
Vijay Kumar Shukla, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 343, 363, 366 A, 376, 376(2)(n), 376 (2)(k), 506 · Protection Of Children From Sexual Offences Act, 2012 — Section 3, 4, 5(I), 6
CASE NUMBER
Miscellaneous Criminal Case No. 23597 Of 2023
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Judgment

9 paragraphs · 238 words

Vijay Kumar Shukla, J

1.

This is first bail application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to F.I.R. No. 1268/2022 dated (not mentioned) registered at Police Station-Manwar, District-Dhar for the offence under Sections 363, 366 A, 376, 376(2)(n), 376 (2)(k), 343, 506 of I.P.C. and 5 (I)/6, 3/4 POCSO Act.

2.

It is alleged that the applicant has committed rape with the minor girl.

3.

Counsel for the applicant submits that the prosecutrix has been examined and she has not supported the prosecution case. She has completely turned hostile and she has stated that her age is more than 18 years.

4.

Counsel for the respondent/State opposes the prayer for grant of bail.

5.

After hearing counsel for the parties and taking into consideration, the Court Statement of the prosecutrix that prosecutrix has not supported the prosecution case. She has completely denied the incident.

6.

It is directed that Applicant- Mukesh shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.

7.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

Certified copy as per rules.