(1.) Heard with the aid of case diary.
(2.) This is first application filed under Sec. 438 Cr.P.C seeking anticipatory bail, as the applicant is apprehending his arrest in connection with Crime No.298/2023 registered at Police Station Bhitarwar, District Gwalior (M.P.) for the offence punishable under Ss. 354, 354-A, 456 and 376 of IPC.
(3.) Prosecution case, in brief, is that in the intervening night of 1st - 2/6/2023, when the prosecutrix was sleeping with in her hut along with her kids, the applicant entered into there and with an intent to outrage her modesty caught hold her legs and assaulted her. During investigation, it was revealed that the applicant forcefully committed sexual intercourse with her.