RAMLAKHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

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

(2.) The applicant has been arrested by Police Station Dehat Basoda district Vidisha, (M.P.) in connection with Crime No.26 of 2022 for the offence punishable under Ss. 323, 376 (D) and 34 of IPC.

(3.) Learned counsel for the applicant submits that originally the applicant is not named in the FIR and prosecutrix has also not stated anything about him in her statement recorded under sec. 161 of Cr.P.C. He further submits that during investigation, TIP was got conducted in which also, the prosecutrix has not identified the present applicant. Even in the statement recorded under sec. 164 of Cr.P.C, name of applicant has not been taken. He submits that the applicant has not committed any offence and has been falsely implicated in the case. The applicant is a young man of 19 years of age. The applicant is in custody and as investigation is complete in the matter and the charge sheet has already been filed, therefore, there is no further requirement of custodial interrogation of the applicant. He prays for grant of bail.