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2022 Supreme(MP) 1425

RAJENDRA KUMAR VERMA
Ajay Solanki – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Anupam Chouhan, Advocate, Nisha Jaiswal, Advocate
Final Result : Allowed

JUDGMENT

Rajendra Kumar Verma, J. - This is first application under section 439 of Cr.P.C. for grant of bail on behalf of the applicant, who is in custody since 11/08/2021 in connection with Crime No.593/2021 registered at Police Station - Barwani, District Barwani(M.P.), for the offence punishable under sections 363, 366 of IPC and under Section 7/8 & 11/12 of POCSO act, 2012.

According to the prosecution case, a missing report was lodged by the complainant - Isram stating that on 08/08/2021 when his daughter had gone to the market with her friend Sanjeela and when they were on the way to market, the present applicant came on a motorcycle and took the prosecutrix with him. On the basis of the aforesaid, a case has been registered against the present applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the prosecutrix had gone with the applicant according to her own wish. There is no iota of material to show that the applicant has committed any offence with the prosecutrix. He further submits that at the most offence under Section 363 of IPC is made out against the present applicant, w

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