RAJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this first application u/S. 439 of Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Bahodapur, District Gwalior in Connection with Crime No.239/2022 registered for the offence punishable under Ss. 376, 376(2)(N), 506 and 34 of IPC. Further added Sec. 370, 109 and 376-D of IPC.

(2.) The allegation against the present applicant is of committing continuous rape upon the prosecutix on the false promise of marriage. On the basis of which, aforesaid crime was registered against the present applicant.

(3.) Learned counsel for the applicant argued that the applicant is innocent person and has been falsely implicated. It is further argued that as the incident allegedly took place on 15/10/2020, whereas, FIR has been lodged in the year 2022. It is submitted that in the present case the applicant is in custody since 19/4/2022. It is further argued that as per the facts mentioned in the FIR that the applicant was under custody from Feb. 2021 to March 2022 in another case, therefore, the allegation against him that he is father of girl child is prima facie false. He has further argued that prosecutrix in her statement under Sec. 164 of Cr.P.C. has completely changed her version and therefore, the applicant deserves to be released on bail.