IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV nd ON THE 2 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 3789 of 2024 BETWEEN:-

OMPRAKASH @ KARUA S/O SHRI DEVILAL BATHAM, AGED ABOUT 24 YEARS, OCCUPATION: LABORER, R/O VILLAGE HARSI POLICE STATION BELGADA DISTRICT GWALIOR (MADHYA PRADESH)

.....APPLICANT (BY MR. HEMANT SINGH RANA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION BELGADA DISTRICT GWALIOR (MADHYA PRADESH)

.....RESPONDENTS (BY MR. PRABHAT PATERIYA - DY. PUBLIC PROSECUTOR FOR RESPONDENT/STATE & MR.

This application coming on for Admission this day, the court passed the following:

ORDER

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No. 202 of 2023 registered at Police Station Belgada, District Gwalior (M.P.) for the offence under Sections 363, 366, 376(2)(n), 506 and 34 of IPC & Sections 3/4 of POCSO Act.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated which is evident from the fact that prosecutrix in her statement recorded before the Magistrate under Section 164 of Cr.P.C. on 16.11.2023, wherein she