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2023 Supreme(MP) 782

ANIL VERMA
Kamlesh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Yash Pal Rathore, Advocate, Vishal Sanothiya, Advocate
Final Result : Allowed

JUDGMENT

Anil Verma, J. - Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 22.1.2023 in connection with Crime No. 14/2023 registered at P.S. - Nanpur District Alirajpur (M.P.) for commission of offence punishable under Section 363, 366, 378(2)(k), 376(2)(n), 341, 506, 34 of IPC and 5(L)/6, 7,8 of POCSO Act.

2. As per the prosecution story, on 17.1.2023 accused Govind, Kamlesh, Ratan, Abhaysingh, Kishore and Sunil have forcibly taken 17 years old minor victim from village Dhundhalwat Masni road at 5 pm. The accused took her on a motorcycle which was being driven by Kamlesh, who alongwith his brother, uncle aunt etc. was going toward Ambua. After that at 8-9 o'clock, the accused Samarth, Kamlesh and Abhay took the victim in a Bolero vehicle and took her to the forest of Borkund Vasaniya police station Pati, District Barwani, from where rest of accused came back but the accused Govind committed rape upon prosecutrix. Accordingly a case has been registered against the applicant.

3. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is

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