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JR CPCT INSTITUTE, TIKAMGARH (M.P.) || ✤ MPHC-Junior Judicial Assistant 2024 ✤ || विजयादशमी की शुभकामनाएं दशहरे पर बुराई पर अच्छाई की जीत !! जय श्री राम ।।
created Oct 12th, 03:05 by entertainmentBabaji
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This is the first bail application of the applicants/accused under Section 439 of the Code of Criminal Procedure. Apart from this, no other bail application has been presented in the Honble Court or any other court. An affidavit of Ramprakash Yadav has been submitted on behalf of applicant Pradeep regarding the first bail application and an affidavit has been submitted by Abhishek regarding the first bail application on behalf of applicant Manoj and Yogesh. The learned advocates of the applicants argue that they have been falsely implicated in the crime. No crime has been committed by them. Earlier, they were released on notice under Section 41A of the Code of Criminal Procedure. The co-accused has already been released on bail by the Honble Court. There is no such evidence against them, which can prove their crime beyond doubt. Therefore, the accused should be released on bail. The Special Public Prosecutor on behalf of the state opposed the bail application and requested for its cancellation. A perusal of the record shows that the prosecution's case in brief is that on 05.08.2021 at around 10 pm, the prosecutrix went to sleep on the roof with her mother. On 06.08.2021 at 04 am, when the prosecutrixs mother woke up, she saw that the prosecutrix was not at home. The prosecutrixs father searched at relatives' and possible places but could not find her. Thereafter, on the complaints report, a First Information Report under Section 363 of the Indian Penal Code was registered at Police Station Umri under Crime No. 213/2018. Based on the statements of the prosecutrix, the accused and the child who violated the law were arrested. During the investigation, the sister-in-law of the prosecutrix has made a statement under Section 161 of the Code of Criminal Procedure against the accused Pradeep, Manoj and Yogesh regarding threat to kill her. Due to this, Section 506 of the Indian Penal Code was added against the said accused during the investigation and after completing the investigation, a charge sheet was presented against the accused only under Section 506 of the Indian Penal Code A perusal.
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