SUBODH ABHYANKAR,J. - (1.)They are heard. Perused the case-diary.
(2.)This is the first bail application filed by applicant under Sec. 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.333/2022 registered at Police Station - Chapiheda, District - Rajgarh (MP) for offence punishable under Sec. 376, 540, 506 and 509 of IPC. The applicant is in custody since 5/12/2022.
(3.)The allegation against the applicant is that he has committed rape upon the prosecutrix.
Counsel for the applicant has submitted that the applicant is lodged in jail since 5/12/2022. It is further submitted that the date of incident said to be is 26/10/2022 whereas on 28/10/2022, the applicant has also lodged an FIR for assault by family members of the prosecutrix on 26/10/2022. However, as the applicant was threatened by the family members of the prosecutrix, the FIR was lodged after two days of the incident. In the present case, the FIR has been lodged on 5/12/2022 wherein the date of incident is mentioned on 26/10/2022 which is clearly apparent from the FIR. The charge sheet has already been filed and the final conclusion of the trial is likely to take sufficient long time. Hence, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer. However, it is not denied that the FIR in the present case has been lodged after the delay of two months.