The court granted bail based on the applicant's circumstances, emphasizing judicial discretion and the absence of prior allegations of rape in the victim's statements.

IA No. 8207/2024, an application under Section 301 (2) of the Cr.P.C moved on behalf of complainant seeking permission of this Court to assist prosecution in the matter is taken up, considered and allowed for the reasons mentioned therein. Shri Kamlesh Kumar Kori, learned counsel appearing for Complainant is permitted to assist the prosecution in the matter.

This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 128/2023 registered at Police Station Daboh District Bhind (M.P.) for offence punishable under Sections 354, 342 , 34 of the IPC , Section 7/8, 11/12, 16/17 of the POCSO Act and enhanced Section 376(3) of the IPC and Section 4(2) read with Section 3 of the POCSO Act. The applicant is in judicial custody since 16/04/2024.

A s per the case of prosecution, prsoecutrix, aged around 16 years submitted a typed complaint on 10/07/2023 to SHO PS Daboh, District Bhind that on 09/07/2023 around 9.00 am, her neighbour- Shilpi Chachi came to her house and asked her for assistance. She went with Shilpi to her home. As she entered into room, Shilpi closed the door. Raghvendra (applicant) who was sitting in room, caught hold her right hand. She pushed Raghvendra and ran away. Thereafter, she met her brother on way and narrated the incident to him. As her parents had gone out of town, she came to lodge report after return of her parents. PS Daboh District Bhind registered FIR at Crime No. 128/2023 for offence punishable under Sections 354, 342 , 34 of the IPC and Section 11/12 and 16/17 of the POCSO Act. Statements of victim was recorded under Sections 161 and 164 of the Cr.P.C . On completion of Final Report was submitted against Raghvendra Kaurav and Shilpi. During trial, evidence of victim was recorded on 21/09/2023 by learned Special Judge (POCSO) Act Lahar, District Bhind. Victim alleged that Raghvendra committed rape on her. Statements of father of the victim (P.W.1) and brother of victim (P.W.3) were also recorded on 20/09/2023 and 05/10/2023 respectively. Prosecution moved an application under Section 216 of the Cr.P.C . Learned Trial Court took cognizance of offence punishable under Section 376(3) of the IPC and Section 3/4 of the POCSO Act against the applicant. Thereafter, prosecution moved another application for cancellation of bail. Application was allowed vide order dated 16/04/2024 and applicant was taken into custody. Thereafter, applicant filed an application under Section 439 of the Cr.P.C which was rejected. Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that initially there was no allegation in typed complaint of the victim, FIR or statement of the victim recorded under Section 161 and 164 of the Cr.P.C . Victim has alleged rape for the first time on 21/09/2023 almost two months after the alleged incident. No plausible explanation is available for delay in making the allegation. Learned counsel further contends that applicant has not misused the liberty extended to him earlier. No criminal antecedent is alleged against the applicant. Jail incarceration on false allegations is causing hardship to the applicant. Applicant is aged 36 years. Applicant is government servant by profession. He is sole bread earner of the family. There is no likelihood of his absconsion leaving his family, home and profession. No further custodial interrogation is needed against the applicant. There is no likelihood of tampering with evidence by the applicant. Trial would take time to conclude. Therefore, applicant may be extended the benefit of bail.

P er contra, learned Counsel for the State ably assisted by learned counsel for the complainant opposes the bail application on the ground of gravity of alleged offence. Learned counsel for the objector referring to FIR in Crime No. 106/2024 of PS Daboh District Bhind submits that relatives of the applicant namely Janved, Akash Kaur