PRAKASH Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2022-1-129
HIGH COURT OF MADHYA PRADESH
Decided on January 10,2022

PRAKASH Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

SATYENDRA KUMAR SINGH, J. - (1.)This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 3/9/2021 in connection with Crime No.690/2021, registered at Police Station-Nagda, District- Ujjain (M.P.) for commission of offence punishable under Sec. 366, 376(2)(N) and 506 of IPC.
(2.)Prosecution story, in brief, is that applicant on false pretext of marriage took the prosecutrix at different places and committed rape upon her repeatedly.
(3.)Learned counsel for the applicant submits that prosecutrix is a major lady aged about 40 years. The applicant and prosecutrix both are relatives and were known to each other. Prosecutrix voluntarily went with the applicant and applicant has not committed any offence. F.I.R. is delayed by more than one month without any reasonable cause. Applicant is in custody since 3/9/2021. He has been falsely implicated in the matter. Investigation is complete and charge-sheet has been filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned counsel for respondent/State opposes the application and submits that the applicant on false pretext of marriage made relations with the prosecutrix. The offence alleged against the applicant is of serious nature. Therefore, applicant does not deserve to be enlarged on bail.

Having considered the rival submissions, age of the prosecutrix and delayed F.I.R. and also considering the facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.



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