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2020 Supreme(MP) 912

S.K.AWASTHI
Yogesh – Appellant
Versus
State Of M. P. – Respondent


Advocates Appeared:
Ayushyaman Choudhary, Advocate, Archana Maheshwari, Advocate

JUDGMENT

S K Awasthi, J. - Heard, Case-diary perused.

2. This repeat (third) application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime No.425/2019 registered at Police Station-Mandleshwar, District-Khargone, for commission of the offence punishable under Sections 366, 363, 376(3) of IPC, 1860 and Section 5(l)/6 of Protection of Children from Sexual Offences Act, 2012.

3. As per prosecution story, complainant filed a report at Police Station Mandleshwar alleging that on 19/11/2019 at about 6.00 pm the victim and her mother were going towards their home. When they reached near bus stand, the applicant came on a motorcycle and drove away the victim in front of the complainant and wife of her brother-in-law. On the basis of which FIR was registered against the applicant for the aforesaid offences.

4. Learned counsel for the applicant has submitted that applicant is innocent and he has falsely been implicated in the present crime. He is in custody since 24/11/2019. Investigation is over and charge-sheet has been filed. Earlier bail application of the applicant was dismissed as withdrawn vide order dated 19/0

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