RAM PRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the repeat application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail. His earlier application (M.Cr.C.No.3472/2023) has been dismissed by this Court on 27/2/2023 as withdrawn with liberty to file afresh after the material witnesses have been examined.

(2.) The applicant is in custody since 18/12/2022 in connection with FIR No.134/2010 (date not mentioned) registered at Police Station Amarkantak, District-Anuppur, for the offence punishable under Ss. 341,376 and 506 of IPC.

(3.) As per prosecution, a complaint was lodged by the prosecutrix that the present applicant along with his brother co-accused Ramlalan abused her and committed rape with her. However, in her Court statement she has retracted her statement as regards the present applicant and stated that the present applicant has not done anything and the act was committed by co-accused Ramlalan. The vaginal swabs, etc. were sent for FSL examination.