HASHIM KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed on behalf of applicant under Sec. 439 of CrPC in connection with Crime No.271/2021 under Ss. 342, 376(2)(n), 506, 120B of IPC registered at police station Gunga, District Bhopal (M.P) and applicant is in custody since 06/08/2021.

(2.) Learned counsel for the applicant submits that applicant is husband of the prosecutrix. When applicant saw his wife red handed having illicit relationship with Shadab Khan, then she lodged a false and frivolous report after about 8 to 9 days. No reason for delay in the FIR is mentioned. It is submitted that firstly incident is false. DNA report is available, which show uninterruptible low profile was generated, which is not sufficient for DNA testing. Secondly, prosecutrix was still living as a wife with the applicant on the date of incident, therefore marital rape has not yet been accepted as a offence in the country. No offence will be prima facie made out and it is a case registered with vengeance so to cover her own acts. Applicant is in custody since 06/08/2021.

(3.) Investigation is complete and charge sheet is filed. Trial will take time to conclude. On aforesaid ground prayer is made to enlarge applicant on bail.