ANKIT PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed by the applicant - Ankit Patel S/o Rambarose Patel under Sec. 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.411/2021 registered at Police-Station - Sanwer, District - Indore (MP) for the offence punishable under Sec. 376, 376(2)(n), 376(3), 376(2)(K), 201, 506, 342, 363 and 366 of Indian Penal Code, 1860 along with Sec. 3, 4, 5L/6 of POCSO Act, 2012 and the applicant is in custody since 24/8/2021.

(2.) Prosecution story in short is that applicant resides opposite to prosecutrix's house. In the year 2015, when prosecutrix was minor, applicant entered in her house, threatened her and committed rape upon her. After that applicant again threatened and committed rape upon her 5-6 times till 21/8/2021.

(3.) Learned counsel for the applicant submits that the prosecutrix is a major girl aged about nineteen years of age. She lodged the report after six years of incident. It is alleged against the applicant that he had informed about his relation with the prosecutrix to her fiance, due to which she consumed some poisonous substance but her fiance has not stated so in his statements recorded under Sec. 161 of Cr.PC. The applicant is in custody since 24/8/2021 and the conclusion of trial would take considerably long time. Hence, prayer is made to enlarge the applicant on bail.