(1.) This is the first bail application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of regular bail relating to F I R No. 815/2023 dtd. 8/11/2023, registered at Police Station Amarwada, District Chhindwara (M.P.) for the offence punishable under Ss. 450, 376(2) and 506 of IPC. Applicant is in detention since 9/11/2023.
(2.) As per the prosecution story, on 8/11/2023, 28 years old prosecutrix lodged an F.I.R alleging that her husband is mentally ill and on account of his mental illness for the last three years, she is living separate alongwith children. She was tenant in Sunita Verma's house. Banti Vishwakarma was her neighbour. She came into contact with Banti Vishwakarma 8-9 months ago. Banti on the false promise of marriage, on 8/3/2023, committed rape upon her and thereafter continuously established physical relations with her. Being scared of Banti, she did not disclose the incident to anyone. At present she was residing as tenant of Banti Vishwakarma. Lastly on 13/10/2023, Banti established physical relations with her telling that he will give divorce to his wife and will enter into wedlock with her. Now he has refused to do so. F.I.R was registered.
(3.) Learned counsel for the applicant has submitted that parties are major and already married. Both parties were having consensual sexual relationship. Learned counsel for the applicant has drawn attention of this court towards Sec. 164 Cr.P.C statement of the prosecutrix and has submitted that prosecutrix was a consenting party. No offence of rape is made out. Only because wife of the applicant has got vacated the accommodation let out to her, she has lodged false and manufactured F.I.R. Therefore, it is prayed that applicant may be released on bail.