RANAJEET LODHI Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 13/06/2019 in connection with Crime No.311/2019 registered at Police Station Chanderi, District-Ashoknagar for the offence punishable under Sections 366, 376(2)(n), 354(d), 506 of IPC.

(2.) It is the submission of learned counsel for the applicant that on the basis of false pretext he is suffering incarceration since 13/06/2019. Narration of story as referred in the statements of prosecutrix recorded under Sections 161 and 164 of Cr.P.C. indicates that consensual relationship when turned sourced then result is registration of offence as referred above. He relied upon the judgment passed by the Hon'ble Apex Court in the case of Dr. Dhruvaram Murlidhar Sonar v. State of Maharastra and Others, AIR 2019 SC 327 to bring the analogy that if there consensual relationship is established then, rape is not established. He is ready to cooperate in the investigation and trial and would appear before the trial court as and when required. He undertakes not to extend any threat or coercion to the complainant and prosecution witnesses in any manner. He further undertakes to do some community service also if granted bail. He prayed for bail.

(3.) Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of this application.