LAWS(MPH)-2022-3-118

SUNIL BAGHEL Vs. STATE OF MADHYA PRADESH

Decided On March 30, 2022
Sunil Baghel Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is first application filed under Sec. 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant-Sunil Baghel, who is in custody since 12/02/2022 in connection with Crime No.63/2022 registered at Police Station Bandol, District Seoni for the offence punishable under Ss. 376, 376(2)(n) of the Indian Penal Code 1860 (for brevity "I.P.C").

(2.) It is submitted that its a case of consent. Admittedly prosecutrix was married. She divorced her husband as she was in relationship with present applicant. There is no prima facie evidence to show that prosecutrix was subjected to violation of her privacy in the name of marriage. Investigation is complete, charge sheet is filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

(3.) Learned Panel Lawyer for the non-applicant/State opposes the application.