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2022 Supreme(MP) 1573

SUSHRUT ARVIND DHARMADHIKARI
Ashok – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Santosh Sahu, Advocate, Abhay Shankar Pathak, Advocate
Final Result : Allowed

JUDGMENT

Sushrut arvind Dharmadhikari, J. - The applicant has filed this second application u/s 439 of Cr.P.C. for grant of bail. First application was dismissed as withdrawn vide order dated 15.12.2021 passed in M.Cr.C. No.22388/2021.

The applicant has been arrested by Police Station- Narmada Nagar, District Khandwa, in connection with Crime No.96/2021 registered in relation to the offence punishable under Sections 363, 366, 376(2)(N), 506 of the I.P.C. and under Section 5L, 6 of the POCSO act 2012.

As per the prosecution story, the father of the prosecutrix lodged the report on 08.04.2021 alleging that her daughter was missing and was not found anywhere since 02.04.2021. He has apprehension that the applicant has allured and took his daughter with him. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in custody since 14.04.2021. Charge-sheet has been filed. No further custodial interrogation is required. The applicant and prosecutrix were in love relation with each other. In fact, the prosecutrix accompanied the applicant on her own will. The statement of the prosecutrix, mother a

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