DINESH BHILALA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 seeking bail in connection with Crime No.155/2022 registered at Police Station - Nagalwadi, District - Barwani for the offence punishable under Ss. 354, 34, 376, 376(1), 376(2)(n), 506 of the Indian Penal Code and Sec. 5L/6 of the Protection of Children from Sexual Offences Act.

(2.) The allegation against the present applicant is that he committed rape upon the prosecutrix, who was found to be major at the time of incident and the applicant was arrested on 4/8/2022.

(3.) Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. Co-accused namely Arjun, who was juvenile has been enlarged on bail by the Juvenile Justice Board. The date of incident is 28/7/2022 and the F.I.R. was lodged on 29/7/2022. In the F.I.R., there is no allegation regarding commission of rape. The applicant is having no criminal antecedent. In the statement recorded under Sec. 161 of the Cr.P.C., the prosecutrix has not supported the case of prosecution. However, in the statement recorded under Sec. 164 of the Cr.P.C. she has stated that she was raped forcefully. Investigation is complete and the charge-sheet was filed on 29/8/2022. There is no likelihood of early conclusion of the trial, hence, prays for release of the applicant on bail.