RAJKUMAR SINGH DHANVARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This second bail application is filed on behalf of applicant Rajkumar Singh Dhanvare under Sec. 439 of the Code of Criminal Procedure, 1973 in connection with Crime No.44/2023 registered at Police Station Shivpur, District Hoshangabad (M.P.), for the offences punishable under Ss. 376(2)(n) of Indian Penal Code. First bail application being M.Cr.C.No.20659/2023 filed by the applicant is dismissed as withdrawn by order dtd. 15/5/2023 with liberty to renew the prayer after prosecutrix is examined and cross-examined before the trial Court.

(2.) When Prosecutrix had appeared before this Court, she was identified by Shri Gurucharan Singh Tomar. She was directed to appear before the Court of learned Addl. Sessions Judge Hoshangabad and record her statements. She had recorded her statements. She had made a submission that there was misunderstanding between her and the applicant. After engagement, applicant had refused to marry her, therefore, she had lodged a report. Now a compromise is entered between the parties and applicant has decided to marry her as soon as he is released from jail.

(3.) Shri Gurucharan Singh, leaned counsel for the applicant submits that he too has instructions from his client that applicant is willing to marry the prosecutrix. Looking to the fact that both the prosecutrix and the applicant are adults, her statement has already been recorded, she has not supported prosecution case and then there is a possibility of rehabilitation of two youths in a family life, applicant is in custody since 19/2/2023, he is falsely implicated in this case, the trial will take sufficient time for its conclusion, hence, prayer is made to enlarge the applicant on bail.