MAHENDRA AHIRWAR 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.) T h e applicant has been arrested on 21/4/2022 by Police Station Maksudangarh district Guna, (M.P.) in connection with Crime No.26 of 2022 for the offence punishable under Ss. 454, 354 and 376 of IPC.

(3.) Learned counsel for the applicant submits that originally in the FIR, no allegation with regard to commission of offence under Sec. 376 of IPC was made and upon sending the prosecutrix for medical examination, she refused to the same saying that as there is no injury, therefore, she does not want to get herself medically examined. He submits that only in the statement under sec. 164 of Cr.P.C, she developed/improved the story about the offence under Sec. 376 of IPC which in the existing circumstances, cannot be relied upon. He submits that the applicant has not committed any offence and has been falsely implicated. The applicant is in custody since 21/4/2022 and as investigation is complete in the matter, therefore, there is no further requirement of custodial interrogation of the applicant. He prays for grant of bail.