AI Structured Summary
Not yet generated for this judgment
Judgment
Rajeev Kumar Dubey, J
This is first application filed under Section 439 of Cr.P.C. for grant of bail. Applicant Richa @ Mukesh Dhurve was arrested on 22/06/2021 in
connection with Crime No.332/2021 registered at Police Station Chicholi, District Betul for the offence punishable under Sections 376(2)(i), 376(2)(l),
376(2)(n), 376(3) of the IPC and Section 4, 5K/L, 5(L)/6 of the POCSO Act.
A s per the prosecution case applicant committed rape with the prosecutrix, who was minor, due to which she became pregnant.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. The statement of prosecutrix has
been recorded by the trial Court. She did not depose anything against the applicant in her Court statement. The applicant has been in custody since
22/06/2021. Charge-sheet has been filed and conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that from the statement of prosecutrix it is clear that due to the act of applicant, she
became pregnant, so he should not be released on bail.
Looking to the facts and circumstances of the case, the contention of learned counsel for the State and the allegation that applicant committed rape
with a minor girl, due to which she became pregnant, this Court is not inclined to grant bail to the applicant.
Accordingly, M.Cr.C. is rejected.
It also appears from the record that applicant is in custody since 22/06/2021 and trial is still pending, so it is expected from the trial Court to dispose of
the case as early as possible preferably within seven months from the date of receipt of the copy of this order.
A copy of this order be sent to the concerned trial Court for compliance.
