PARVESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case diary is available. With the consent, heard finally.

(2.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 3/6/2023 in connection with Crime No.465/2023 registered at Police Station Bahodapur District Gwalior for the offence punishable under Ss. 354, 354-KA, 354-KHA, 506, 376 of IPC. Prosecution story, in brief is that on 30/5/2023 at about 14:00 hours the applicant entered in the house of the prosecutrix and forcibly committed rape upon her.

(3.) Learned counsel for the applicant submits that as per prosecution case itself incident took place on 30/5/2023 at about 14:00 hours while FIR was lodged on the next day i.e. 31/5/2023 at about 16:30 hours and prosecutrix in her FIR no where stated that the applicant committed rape upon her. She in her statement recorded under Sec. 161 of Cr.P.C. on 31/5/2023 also did not mention the fact that she was subjected to forcible sexual intercourse by the applicant. On the third day of incident, during her statement recorded under Sec. 164 of Cr.P.C. he for the first time alleged that the applicant committed rape upon her. He further submits that the applicant is a labour and working with the prosecutrix's husband and when he was demanding his wages, then he assaulted the applicant and thereafter he got registered the false and fabricated report against him. He is in custody since 3/6/2023. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.