RAJKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant. He is suffering confinement since 15/9/2022 and charge-sheet has already been filed. It is further submitted that story indicates consensual nature of relationship shared by the prosecutrix and the applicant. Learned counsel referred statement under Sec. 161/164 CrPC in support of his submissions, wherein prosecutrix has referred the fact that she left her maternal home on her own volition. She shared emotional/physical intimacy with consent. She is at the verge of attaining majority. It is further submitted that confinement amounts to pretrial detention specially when the applicant is not a man with tainted criminal background. He undertakes to cooperated in the trial. Under these grounds, he prayed for bail.

(3.) Learned State counsel opposed the prayer and prayed for its dismissal. Heard learned counsel for the parties at length and perused the documents appended.