SOORAJ BATHAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

(2.) The applicant has been arrested on 01.08.2020 in connection with Crime No.144/2020 registered at Police Station Dabra Dehat District Gwalior for offence under Sections 376 and 342 of IPC.

(3.) It is submitted by the Counsel for the applicant, that undisputedly the prosecutrix is a major lady aged about 20 years. According to the prosecution case, in the afternoon on the date of incident, the prosecutrix was alone in her house and it is alleged that the applicant took the prosecutrix to his house and he kept her there for the whole night and committed rape. It is submitted that as per the allegations, the applicant left the prosecutrix in front of her house on the next day. It is submitted by Shri Gupta that as no hue and cry was raised by the prosecutrix during her stay in the house of the applicant, which clearly indicates that she might be the consenting party and the FIR was lodged after six days, i.e., on 30.07.2020. It is further submitted that the Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.