TULSIRAM RAJAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant who is in custody since 16.08.2020 in connection with Crime No.536/2020 registered at Police Station-Kotwali, District-Narsinghpur (M.P.) for offences punishable under Sections 363, 376, 376 (2)(n), 342, 506 of Indian Penal Code.

(2.) As per prosecution case, present applicant has abducted to the prosecutrix by giving the assurance of marriage and thereafter repeatedly committed rape upon her.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. It is also submitted that prosecutrix was a consenting party who is a major lady and very well aware about the fact that the applicant is a married person and he had two children. It is further submitted that due to COVID-19 pandemic situation and the fact that the trial would take considerable time, the applicant may be released on bail.