(1.) This is the 1st bail application filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.87/2021 registered at Police Station - Kelhari, District Koriya (CG) for the offence punishable under Sections 376(2)(a) and 506 IPC.
(2.) Case of the prosecution is that after getting closer to each other, the present Applicant had committed sexual intercourse with the prosecutrix for several times. On the date of incident i.e. 24.09.2020, when the prosecutrix was going to Manendragarh by bus, the accused Applicant asked her to come with him and on her refusal to do so, he assaulted her and threatened her to make her photos and videos viral.
(3.) Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question and is in jail since 23.11.2021, the FIR was not lodged on the same day, the trial may take quite some time, therefore, he may be released on bail.