KAMAL KISHORE SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No. 71/2024 dtd. 3/3/2024 registered at Police Station Bichhiya, District Mandla for the offence punishable under Sec. 376(2)(n), 376, 452, 506 of Indian Penal Code.

(2.) Counsel for the applicant contends that the applicant is aged about 19 years and the prosecutrix herself is major. Counsel further submits that as per the statement of prosecutrix recorded under Sec. 161 Cr.P.C it is palpable that the applicant and the prosecutrix were in relationship. However, later on the prosecutrix for the reasons best known to her, ventured upon to lodge First Information Report against the applicant. The Counsel contends that applicant has been falsely implicated and has not committed any offence.

(3.) The counsel for the State has opposed the application and submitted that the statement of prosecutrix recorded under Sec. 161 Cr.P.C makes it abundantly clear that with an open eye the applicant has committed an offence and even later on when the prosecutrix got engaged elsewhere she was threatened with dire consequences by the present applicant. Hence, the application deserves to be dismissed.