Madhya Pradesh High Court
Mahesh Kushwaha vs The State Of Madhya Pradesh on 6 May, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:21128
1 MCRC-16856-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 6 th OF MAY, 2025
MISCELLANEOUS CRIMINAL CASE No. 16856 of 2025
MAHESH KUSHWAHA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
None for the applicant even in the second round.
Shri Amit Pandey - Public Prosecutor for the respondent/State.
ORDER
This is the first bail application under Section 483 of B.N.S.S. filed by
the applicant for grant of bail.
The applicant has been arrested on 24/05/2023 by Police Station
Kamla Nagar, District Bhopal in connection with Crime No.273/2024 for the
offence punishable under Sections 363, 366-A, 376, 354, 354-A, 342, 506,
34, 323, 376(2)(n) of IPC and Sections 3/4, 5L/6 and 7/8 of POCSO Act.
None appears on behalf of the applicant even in the second round to
press this bail application.
Heard learned State counsel who has vehemently opposed the
application for grant.
It is pointed out that there is specific allegation against the present
applicant regarding involvement in the commission of offence. Age of victim
is only 11 years. The involvement of the applicant is shown in the
commission of offence and also in getting the marriage of prosecutrix
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 07-05-2025
10:19:48
NEUTRAL CITATION NO. 2025:MPHC-JBP:21128
2 MCRC-16856-2025
solemnized with a boy aged about 14 years. Merely the fact that statement of
witnesses have been recorded and certain witnesses have not supported the
prosecution story coupled with the fact that applicant is in custody since
24/05/2023, no case for grant of bail is made out as there are specific
allegations against the applicant. It is further pointed out that co-accused
Shiva is still absconding in the matter.
Considering the overall facts and circumstances of the case, this Court
is not inclined to grant bail to the applicant.
Accordingly, this bail application is hereby dismissed.
(VISHAL MISHRA)
JUDGE
Shbhnkr
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 07-05-2025
10:19:48
[ad_1]
Source link