GHANSHYAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second bail application filed by the applicant-Ghanshyam under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.259/18 registered at Police-Station-Agar, District-Agar (MP) for the offence punishable under Sections 376, 323, 450, 506 of Indian Penal Code, 1860.

(2.) This Court vide order dated 30.05.2019 had given liberty to the applicant to file a fresh bail application after examination of prosecutrix in this case.

(3.) Learned counsel for the applicant has filed the deposition sheets of prosecutrix and has pointed out the averments made in paras 5 and 7, in para 5, the prosecutrix has stated that the offence was committed in a room where her two children was sleeping and in para-7, she states that the accused first removed his clothes and then her clothes while she was standing and forcefully committed rape on her. The prosecutrix further states that she suffered injuries on face and on her back and she had also scratched the applicant's face and on his chest while she was struggling during the incident.