VISHNU PRATAP SINGH CHAUHAN,J. - (1.)Heard through Video Conferencing. Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant. The applicant is in jail in connection with Crime No.254/2020 registered at Police Station Gadasarai, District Dindori for commission of offence punishable under Section 376, 458, 323 and 506 of the IPC.
(2.)The case of the prosecution against the applicant, in short, is that husband of prosecutrix went to house of the applicant. When prosecutrix was alone at her home, the applicant after taking opportunity entered into house of the prosecutrix and committed forcibly rape upon her. He also threatened her. The applicant and prosecutrix are near relatives.
(3.)Learned counsel for the applicant submits that the applicant and prosecutrix are near relatives. There is some dispute of property between them. The applicant has falsely been implicated by the prosecutrix. He is in judicial custody since 03.10.2020 and conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be released on bail.