GOPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application under Section 439 Cr.P.C for grant of bail in connection with Crime No.392/2019 registered at Police Station - Bioara, District Rajgarh for commission of offence punishable under Sections 366, 376 and 506 of IPC.

(2.) Learned counsel for the applicant submits that applicant is innocent and he has falsely been implicated in the present crime. Prosecutrix is a married lady aged about 19 years and from the statement of prosecutrix, it reflects that she had been calling the applicant. She went to the house of the applicant and made physical relationship with him and during this period she neither raised alarm nor made complaint to anybody, which clearly indicates that prosecutrix was the consenting party. From the statement of the prosecutrix it also transpires that she was aware of the fact that applicant and she herself are married, therefore her marriage with the applicant is not possible, even then she made physical relationship with the applicant, therefore, no alleged offence is made out against the applicant. Applicant is in jail since 24.07.2019. Investigation is over, chargesheet has been filed and conclusion of trial will take sufficient long time. In these circumstances, learned counsel prays for grant of bail to the applicant.

(3.) Learned counsel for state submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.