AJAY SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(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 FIR No.51/2023 dtd. 4/3/2023 registered at Police Station Satai District Chhatarpur (M.P.) for the offence under Ss. 376(2)(N) of IPC. He is in detention since 16/3/2023.

(2.) A s per the prosecution story, on 4/3/2023, 20 years old married prosecutrix filed an application in writing alleging that she knew Ajay Sharma for last 4-5 years. One year ago she was married with one Jitendra Yadav. On 30/10/2022 she left home for Bhopal with Ajay, after 2-3 days she came back to her parental home. After two months, she again went with Ajay and stayed with him at Bhopal. Ajay on the false promise of marriage kept her with him but on 8/2/2023 he left her at Bhopal and did not come back. She came back to her parental house. In Bhopal, Ajay had repeatedly committed rape upon her. FIR was registered.

(3.) Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. No sexual intercourse was committed by him on the false promise of marriage. Prosecutrix is married. FIR has been registered just to pressurize and exploit him. Therefore, it has been prayed that applicant be released on bail. O n the other hand, learned counsel for the State has opposed grant of bail to the applicant. Looking to the facts and circumstances of the case but without expressing any opinion on the merit of the case, I am of the view that it is a case in which further pretrial detention of the applicant/accused in not warranted. Consequently, this first bail application under Sec. 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.