THAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second bail application filed on behalf of the applicant under Sec. 439 of the Code of Criminal Procedure for grant of regular bail relating to F.I.R. No.288/2022 dtd. 28/9/2022 registered at Police Station- Khurai District - Sagar (M.P.) for commission of offence punishable under Ss. 450, 376-D, 506 and 328 of IPC. Applicant is in detention since 29/9/2023.

(2.) Applicant's first bail application was dismissed as withdrawn and not pressed with liberty to renew the prayer for bail after evidence of prosecutrix before the trial Court vide order dtd. 9/8/2023 passed in M.Cr.C. No.7499/2023.

(3.) As per the prosecution story, on 28/9/2022, 17 years and 9 months old prosecutrix submitted an application in writing before police alleging that on 22/9/2022 at around 12.30 P.M. when she was alone at her home, her house door was open. In the meantime, Than Singh Kori and Sonu Kori trespassed into her house. Than Singh gagged her mouth. Sonu was standing outside her house. Thereafter, Than Singh committed rape upon her. F.I.R was registered. After investigation charge sheet has been filed.