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2024 Supreme(Online)(MP) 18524

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE VISHAL DHAGAT, J
Santosh Baiga – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Pushp Raj Singh Gaharwar,Advocate General

ORDER

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail who is in custody since 30.10.2023 relating to FIR No.366/2023 registered at Police Station Gadhwa District Singrauli (M.P.) for the offences under Sections 376, 376(D), 450, 506- II of the IPC and Sections 5(L), (5(j)(ii), 6, 5(4), 4(1), 3(a), 17 of the POCSO Act.

2. Learned counsel appearing for the applicant submitted that prosecutrix is aged about 17 years 4 months and 9 days. There is delay in lodging of FIR about seven months. Applicant is in custody since 30.10.2023. In these circumstances, he may be granted bail.

3. Learned Government Advocate appearing for the State as well as counsel for objector opposed the application for grant of bail. It is submitted that prosecutrix is minor. She has deposed against the applicant. 4. Heard the counsel for the parties. 5. There is a long delay in lodging of FIR. Prosecutrix has also examined in the Court and now there is no chance that applicant will be able to influence the witness or tamper with evidence. Considering totality the facts and circumstances of the case, without commenting on the merits of

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