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2024 Supreme(Online)(MP) 12760

HIGH COURT OF MADHYA PRADESH
Rajkumar @ Banti – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Nitin Vyas,Advocate General

ORDER

Heard with the aid of case diary.

This is second application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.327/2023, (Date:- not mentioned) registered at P.S. - Sanwer, District - Indore (M.P.) for commission of offence punishable under Sections 363, 366, 376, 376(2), 376(3) of IPC and under Section 5(L)/6 of the Protection of Children from Sexual Offences Act.

2. First bail application of the applicant was dismissed on merit vide order dated 11.12.2023 passed by this Court in M.Cr.C.No.47358/2023.

3. Prosecution story, in brief, is that at the time of incident prosecutrix was minor aged around 14 years and 10 months. On 30.5.2023 the applicant took the prosecutrix alongwith him to Dewas Tekri. Thereafter, he also took her to Gawali Palasia. The applicant kept the prosecutrix around one month alongwith him. Meanwhile, he committed rape upon her several times. She was recovered on 30.6.2023 from possession of the present applicant.

4. Learned counsel for the applicant/accused submits that he has not committed the offence and has falsely been implicated in the case. It is submitted that after dismissal of first applicati

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