Decided on February 16,2021

RAKESH Appellant
STATE OF M. P. Respondents


Vivek Rusia,J. - (1.) This is a repeat (4th) application filed under Section 439 of Cr.P.C. by the applicant - Rakesh S/o. Ramkishan Soni, who has been arrested by Police on 18.6.2019 in connection with Crime No.666/2019 registered at Police Station Lasudia, District Indore for the offence punishable under Section 363 and 366 of the IPC. Earlier three bail applications have been dismissed.
(2.) As per prosecution story, Tarachand - father of the prosecutrix lodged the report that his daughter aged about 15 years is not available in the house since 5.30 am. of 13.6.2019 and he has a doubt that someone has abducted his daughter. The police has registered the Crime No.666/2019 for the offence u/s. 363 of the IPC. The daughter of the complainant was recovered on 18.6.2019 and produced before the Magistrate. As per mark-sheet of the prosecutrix, her date of birth is 4.1.2004 and accordingly at the time of incident she was 15 years of age. Since she was recovered from the possession of the present applicant, therefore, offence u/s. 363 and 366 of the IPC has been registered against him.
(3.) Learned counsel for the applicant submits that the prosecutrix in her statement u/s. 164 of the Cr.P.C. has stated that at her own she left the house to meet her father who is residing at Indore. She has also admitted that she is having affair with the present applicant. He, therefore, submits that offence u/s. 366 of the IPC is not made out because there is no allegation of abduction. He further submits that there is delay in lodging the FIR. Charge-sheet has been filed on 28.6.2019 and till today, the prosecution has not examined any witness. The prosecutrix has got married and living with her in-laws and she is not coming to depose in the court. The applicant is in custody since 18.6.2019 and he has no criminal past. He, therefore, prayed that the applicant be enlarged on bail.;

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