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2024 Supreme(Online)(MP) 744

HIGH COURT OF MADHYA PRADESH
SMT. JUSTICE SUNITA YADAV, J
Sanjay – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Pradeep Katare,Advocate General

ORDER

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant in connection with Crime No. 304 of 2024 registered at Police Station - Ambah, District Morena (M.P.) for the offence punishable under Sections 376, 354 , 506 of IPC & Sections 3/4 of POCSO Act.

2. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that as per the FIR, the applicant/accused committed rape upon the prosecutrix on 14.01.2024 and thereafter on many occasions he committed rape and last time he committed sexual assault on 17.04.2024, however, the prosecutrix never informed her family members or lodged any complaint against the present applicant. Even after from the date of last incident i.e. 17.04.2024, the FIR was lodged on 11.05.2024 almost the delay of one month for which no explanation has been given. As per the medical report, no definite opinion about sexual assault has been given, under these circumstances, entire prosecution story becomes doubtful. T he applicant is in custody since 11.05.2024. The applicant is permanent resident of District Morena (M.P.) and there is no possibility of his a

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