SHIVKANT IVNE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this first bail application filed on behalf of the petitioner under Section 439 of the Code of Criminal Procedure. The petitioner is in custody since 01.12.2019 in connection with Crime No. 579/2019 registered at Police Station-Shahpur, Distt.-Betul, (M.P.) for the offence punishable under Section 363 , 366 , 376(2)(n) of IPC.

(2.) Prosecution story in short is that petitioner-accused has committed intercourse with prosecutrix aged 23 years on the pretext of marriage. Thereafter, she became pregnant and after refusing from marriage by the petitioner, prosecutrix lodged an FIR against him.

(3.) Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner- accused was in jail since 01.12.2019. Thereafter, this court has granted bail to the petitioner on 28.01.2020 for a period of 15 days. During this period, petitioner solemnized marriage with prosecutrix and surrendered before the trial court on dated 19.02.2020. Prosecutrix is adult of 23 years of age. Petitioner-accused is in jail since 19.02.2020 and trial would take long time to conclude. There is no chance of petitioner's absconding and tampering with the evidence. The petitioner is ready to furnish bail bond, as per the order, abiding with all conditions imposed by the Court, On these grounds,he prays of grant of bail to the petitioner.