SANNI CHACHOLIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehends his arrest in connection with Crime No.335/2019, registered at Police Station-Gwalior, District Gwalior, for the offences punishable under Sections 376 341 and 506 of IPC.

(2.) Learned counsel for the applicant submits that the applicant is student of engineering college and apprehending his arrest on the basis of registration of offence as referred above. The case is of false implication. Naration of story indicates that prosecutrix was known to the applicant and she wanted to marry him, when applicant refused to marry then she filed a false complaint. Earlier on 26.04.2019, prosecutrix registered the FIR against the applicant at police station Hajira in which she referred the incident of verbal altercation but at that point of time he never disclosed the act of applicant in respect of rape allegedly committed over her for last one and half years. Now it appears that consentual relationship turned soured which resulted into registration of FIR. Confinement would bring him social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/trial and would make himself available as and when required and would not be a source of embarrassment and harassment to the complainant and her family members in any manner. Therefore, the applicant may be given the benefit of anticipatory bail.

(3.) Learned Public Prosecutor for the State opposed the prayer made by the applicant.