SENJEET SINGH CHAHUAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application under Section 438 of Cr.P.C. for grant of anticipatory bail.

(2.) The applicant apprehends his arrest in connection with Crime No.103/2018 registered by Police Station Maharajpura, District Gwalior for offence punishable under Sections 376, 323 of IPC.

(3.) It is submitted by the counsel for the applicant that as per the prosecution case the prosecutrix developed friendship with the applicant and had physical relations with him. The allegation that the consent of the prosecutrix was obtained by misconception of fact by making false promise of marriage is false because the prosecutrix herself is a married lady and her husband is being prosecuted for an offence under Section 498- A of IPC and the divorce has not taken place between the prosecutrix and her husband. It is clear from the prosecution allegation that the prosecutrix might be a consenting party. It is further submitted that the applicant is ready and willing to cooperate with the investigation and there is no possibility of his absconding or tampering with the prosecution case.