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2024 Supreme(Online)(MP) 56015

HIGH COURT OF MADHYA PRADESH
VISHAL DHAGAT
Akhilesh Mishra – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Durgesh Rai,Advocate General

ORDER

This is second bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.156/2022 registered at Police Station-Govindgarh, District-Rewa (MP) for the offence under Sections 376(3) & 305 of IPC & Section 3, 4 of POCSO Act.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Prosecutrix was consenting party. Father had seen applicant along with prosecutrix, therefore, false report has been lodged after prosecutrix committed suicide. In these circumstances, applicant may be released on bail.

3. Learned Government Advocate appearing for the State opposed the bail application. It is submitted that father is eye-witness of the incident. 4. Heard learned counsel for the parties.

5. On going through the facts of the case, it is found that father has seen prosecutrix along with applicant, thereafter, applicant ran away from spot.

Father along with prosecutrix came back to his house and then went to work.

He did not lodge any police report against applicant. Later on, proseuctrix has committed suicide and report has been lodged.

6. Considering the aforesai



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