MADAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicants for grant of bail. The applicants are in custody since 12/9/2022 in connection with Crime No.86/2022 at the instance of JMFC, Kannod District Dewas, (M.P.) for commission of offence punishable under sec. 376, 376(D), 506 of the Indian Penal Code of 1860.

(2.) As per prosecution story, on 28/3/2021, present applicants came to the field of prosecutrix and committed rape upon her and threatened to kill her. They also used a knife to put her under the threat. Thereafter, she went to police station where they ignored her complaint and did not entertain her. Upon such incident, she went to Court of Judicial Magistrate First Class. Accordingly, offence has been registered against the applicants.

(3.) Learned counsel for the applicants submits that both the applicants are innocent person and they have been falsely implicated in this offence on the basis of some land dispute. There is no admissible evidence available on record against them. Police has not registered the case against the applicants and on the basis of the complaint filed by the prosecutrix, offence has been registered against them by the trial Court. Prosecutrix is a 41 years old lady.