KANA Vs. STATE OF MADHYA PRADESH

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.651/2022, registered at Police Station Sitamau District Mandsaur (M.P.) for commission of offence punishable under Sec. (s) 376, 376(2)(N) and 506 of IPC.

(2.) Prosecution story, in brief, is that on 25/3/2022, when complainant was going to her matrimonial house and waiting for bus at bus stand Khejadia, applicant came there on motorcycle and took the prosecutrix on the pretext that he will drop her at Mandsaur and thereafter committed rape upon her and also threatened her of dire consequences, if she disclose about the same to anyone.

(3.) Learned counsel for the applicant submits that as per prosecution case itself, FIR was lodged on 2/11/2022 i.e. after about 07 months of the incident and complainant's husband saw the applicant at matrimonial house. Complainant is a major married lady aged about 35 years while applicant is 24 years of age. Thus, applicant has been falsely implicated in the matter. He is in custody since 3/11/2022. 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.