LAWS(MPH)-2022-12-92

SURESH Vs. STATE OF MADHYA PRADESH

Decided On December 29, 2022
SURESH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.518/2022, registered at Police Station Amjhera District Dhar (M.P.) for commission of offence punishable under Sec. (s) 376, 450 and 506 of IPC.

(2.) Learned counsel for the applicant submits that FIR is delayed by 03 days without any reasonable cause. As per prosecution case itself, complainant's son aged about 16 years was present in her house at the time of incident, but complainant neither raised any alarm nor told about the incident to anyone. The whole prosecution story apparently appears to be unnatural. Moreso, there is a property dispute between the applicant and complainant's husband. Medical report does not support the prosecution c as e. Thus, applicant has been falsely implicated in the matter. He is in custody since 24/9/2022. Investigation is complete and chargsheet has been filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

(3.) Learned counsel for respondent/State opposes the application and submits that offences alleged against the applicant are of serious nature. Therefore, applicant does not deserve to be enlarged on bail.