RINKU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station City Kotwali, District Morena in connection with Crime No. 581 of 2023 registered for the offence punishable under Sec. 376, 342, 344, 328, 365, 366 and 506-II of IPC.

(2.) Allegations against the applicant/accused, in short, are that he abducted the prosecutrix and committed rape upon her.

(3.) Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that entire prosecution story is highly improbable and suspicious. Prosecutrix is a major married woman aged about 40 years. Allegedly, the incident occurred on 01/06/2023, however, missing report has been lodged after delay of seven days i.e. on 8/6/2023 and the FIR was lodged on 11/06/2023, for which, no plausible explanation has been given. At the most it is the case of consensual physical relationship. After conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation of the applicant may not be required. The applicant is in custody since 12/06/2023. The applicant is permanent resident of District Morena. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.