BALVEER SINGH BUNDELA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application preferred by the applicant under Section 438 of Cr.P.C. wherein he is apprehending his arrest in a case registered vide Crime No.448/2019 at Police Station Vishwavidyalaya, District Gwalior for alleged offence punishable under Sections 376, 386, 506 of IPC.

(2.) It is submitted by learned counsel appearing for the applicant that police has registered a false case against him. As per FIR, date of incident appears to be 27-10-2019 whereas FIR lodged on 15-12-2019, apparently delayed in nature. Applicant and prosecutrix entered into wedlock through Hindu rites and rituals and copy of marriage certificate and photographs in this regard are attached with the application.

(3.) As per allegations on the pretext of marriage, alleged rape has been committed by applicant. Some amount has been transferred in favour of the prosecutrix by the applicant which reveals that both were in relationship. Even otherwise, on the pretext of marriage if physical intimacy developed then the same does not constitute offence of rape. In support of his submission, he relied upon the judgments of Apex Court in the case of Pramod Suryabhan Pawar Vs. State of Maharashtra and others, 2019 AIR(SC) 4010 and Dr. Dhruvaram Murlidhar Sonar Vs. State of Maharashtra and others, 2019 AIR(SC) 327.