KULDEEP RAJPUT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 438 of Cr.P.C for grant of anticipatory bail relating to FIR No.709/2023, dtd. 26/12/2023, registered at Police Station Gopalganj, District Sagar (M.P.) for commission of offences under Ss. 366, 376, 376(2)(n), 506, 313 of IPC. Applicant apprehending his arrest in the aforesaid offences has knocked the portal of this Court for grant of anticipatory bail.

(2.) As per the prosecution story, prosecutrix was in relationship with the present applicant since 2011. On 20/6/2021, applicant filled vermillion on the head of the prosecutrix. Thereafter, they continuously established physical relations with each-other and in this period, prosecutrix also visited the house of applicant where she came to know that applicant is already married and is father of two children. Evenafter knowing the factum of marriage of applicant, she continued her relationship and in this period, prosecutrix conceived 5 times, but all the times, they got the fetus aborted. Lastly on 21/9/2023, they established physical relation. Now, applicant has refused to marry with her. Therefore, after living 12 years in relationship, on the basis of written complainant, F.I.R. was registered.

(3.) Learned counsel for the applicant has submitted that applicant is innocent. He has not committed any offence. He has been falsely implicated. It is submitted that applicant and prosecutrix both are major. Prosecutrix was well aware about the fact that applicant is a married man, though she lived in live-in-relationship with him, but when relationship is not working, she has lodged F.I.R. No offence under Sec. 376 of IPC is made out. Applicant will cooperate with the investigation. Therefore, it is prayed that applicant may be released on anticipatory bail.