MAHESH RATHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is apprehending his/her arrest in connection with Crime No.649/2019 registered at Police Station Bagli, District Dewas (MP) for offence punishable under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860.

(2.) As per prosecution case, on the basis of the allegations made by the prosecutrix, offence punishable under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860 has been registered against the applicant.

(3.) Learned counsel for the applicant has submitted that the applicant is innocent; and he has falsely been implicated in the present crime. The prosecutrix is a major lady aged about 42 years and according to her statement, she was living with the applicant in relationship since 2001 to August, 2019. She also filed a complaint against the applicant before the Court of Judicial Magistrate First Class, Bagli, District Dewas under the provisions of Domestic Violence Act, 2005, in which she projected herself as wife of the present applicant, which clearly indicates that the prosecutrix was the consenting party. The alleged incident took place in the year 2001 and the FIR has been lodged on 17.11.2019 prosecutrix regarding the delay in lodging the FIR. It is further submitted that the present applicant is ready to cooperate with the investigation and there is no possibility of his/her absconsion or tampering with the evidence, if enlarged on anticipatory bail. Under these circumstance, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.