RAJU KHA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C. for grant of bail.

(2.) The applicant has been arrested on 09/11/2021 in connection with Crime No.503/2021 registered by Police Station Porsa, District Morena for offence punishable under Ss. 354, 456, 323, 506, 34 of IPC.

(3.) It is submitted by Counsel for the applicant that according to the prosecution case, the prosecutrix woke up at 2:30 in the night and came out of her house in order to answer the call of nature and it is alleged that at that time, the applicant alongwith the co-accused came to the house of the prosecutrix through the roof of the house and threw her on ground as well as also tried to torn her cloths and outraged her modesty. It is submitted that the allegations are false. Even otherwise, there is nothing on record to suggest that the applicant was aware of the fact that the prosecutrix would come out of her house at 2:30 in the Morning. The applicant is in jail for the last more than one and half months. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.