MUNNALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application under Sec. 439 of Cr.P.C for grant of regular bail in connection with crime No.51/2024, dated not mentioned, registered at P.S. - Raoti, District - Ratlam for offences punishable under Ss. 366, 376(2)(N), 506 of IPC.

(2.) As per the prosecution case, the date of incident is 29/11/2023 and missing report lodged by her father on 27/1/2024. As per the version of FIR prosecutrix/complainant stated that on 29/11/2023 co-accused Munna called her to meet outside the house. He came from two wheeler and took prosecutrix to village-Chikada, Dist. Chittorgarh and committed rape with her and the police recovered them. Thereafter prosecutrix gave statements under Sec. 161 and 164 of Cr.P.C. alleging the allegation of rape against the present applicant and FIR registered against applicant and other co-accused persons by P.S. Raoti, Dist. Ratlam, MP offence under Sec. 366, 376(2)(N), 506, 34 of IPC at Crime No.51/2024. Co-accused persons namely Suresh, Gavar, and Kamal have been granted bail by the trial Court.

(3.) Counsel for the applicant submits that the missing report was lodged by father on 29/11/2023 and the prosecutrix is said to be recovered on 27/1/2024 after one month and 29 days. As per the prosecution case, she was taken to Rajasthan, but she did not raise any alarm. Apart from that, the applicant was known to her and the report has been lodged alleging that he refused to marry her. The prosecutrix is a major girl.