RAVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant in connection with Crime No. 283/2019 registered at Police Station Pandhana, District Khandwa under Sections 342, 376(2)(N) and 506 of the Indian Penal Code.

(2.) The case of the prosecution is that, on 23.02.2019 at about 07:30 pm the prosecutrix aged about 19 years was found to be disappeared from her house situated at village Dhawadiya Ghatikhas, under the jurisdiction of Police Station Pandhana, District Khandwa, a missing person's report was registered in this regard. Later on, the prosecutrix reached her house on 26.05.2019 and narrated that the applicant on the pretext of marriage abducted her and kept her in a hut situated at Police Colony, Ujjain. He has also committed sexual intercourse with her against her will from 23.02.2019 to 26.05.2019. He also intimidated her not to disclose the incident to anybody otherwise she will be killed. On getting a chance, she ran from there, reached her house and lodged an FIR against the applicant. Her statements under sections 161 and 164 of Cr.P.C., have been recorded. The statements of her family members were also recorded. Medical examination of the prosecutrix was also conducted. On that basis, aforesaid offence has been registered against the applicant and the applicant was taken into custody on 26.05.2019.

(3.) Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been implicated in the crime. It is further submitted that the applicant is a permanent resident of the address shown in the application. He is ready to furnish adequate surety and shall abide by all terms and conditions imposed upon him. There is no chance of his absconding or tampering with the evidence. It is also submitted that the applicant is a young youth and has been in custody since 29.05.2019. In view of the aforesaid, prayer has been made to enlarge the applicant on bail.