RAJESH GOSWAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard through Video Conferencing.

(2.) As per prosecution story, 14.1.2018, prosecutrix aged 22 years was going to answer the call of nature, at that time, present accused/applicant came there and committed intercourse with her. Thereafter, accused/applicant was continuously committing intercourse with her till 13.3.2019 on the pretext of marriage. Thereafter, accused/applicant refused to solemnize marriage and also told her that if she will solemnize marriage with another boy, then he will kill her. On 19.4.2019, prosecutrix lodged the report. Thereafter, she committed suicide on 27.4.2019 by hanging herself. Thereafter, case has been registered against the accused/applicant for the aforesaid offence.

(3.) Learned counsel for the applicants submits that accused/applicant has been falsely implicated in this case. Actually, accused/applicant and prosecutrix both aged 22 years , both loved each other since 2-3 years from the date of incident, but parents of deceased were not ready to accept their relations. Thereafter, her marriage was fixed with one Suraj Goswami. Said Suraj Goswami had seen one photograph of deceased with accused/applicant on her facebook I.D., so he refused to solemnize marriage with deceased, so she committed suicide. There is no ingredient available on record on which it can be said that accused/applicant abetted the deceased to commit suicide. Accused/applicant was always ready to solemnize marriage with accused/applicant but on the pressure of her parents prosecutrix deposed against the accused/applicant. Accused/applicant is an employee in a Company. Accused/applicant is in jail since 3.11.2019. Charge sheet has been filed. It is the time of COVID-19, so proceedings before the trial Court is withheld and conclusion of trial will take long time in its final hearing. There is no probability of his absconding or tampering with the prosecution evidence. The accused/applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.