Deepak Kumar Agarwal,J. - (1.)This First application under Sec. 439 of Cr.P.C. filed by the applicant for grant of bail who has been arrested on 4/11/2022 in connection with Crime No.714 of 2022 registered at police station Maharajpura, District Gwalior for offence under Ss. 376, 328, 342, 506, 34 of IPC.
(2.)In brief, the prosecution story is that prosecutrix a married lady lodged a complaint against the present applicant accused at police station Maharajpura, District Gwalior on 7/9/2022 stating therein that she is resident of DD Nagar, Kushwah Market, Gwalior and she is having two children, namely, Shivansh and Shivangi. She could not maintain her family on the income of her husband, therefore, she decided to do a job. Thereafter, she came to contact of present applicant resident of Nehru Colony, Station Road, Kotwali, District Sehore who assured her to give a better job. Without interviewing, the present applicant called him at Bhopal and told that she will go for training near about 6- 7 days for which the vehicle is required. On account of this, she along with Honda Activa bearing registration no. MP07 SP 7447 along with cash of Rs.30,000.00and other ornaments and household articles total amount of Rs.4.00 lac reached with present applicant at Bhopal. On the next day, the present applicant demanded money and gold ornaments but she told him first to get job and thereafter she will give. Thereafter, the applicant-accused misbehaved with her and without informing and after administering some medicine the applicant took her in his room situated at Sehore where he committed sexual intercourse with for some days. From the clutches of present applicant by taking a chance, she escaped and reached Gwalior and narrated the incident to police. On the basis of which, FIR vide Crime No.714 of 2022 for offence under Ss. 376, 328, 342, 506, 34 of IPC was registered. The prosecutrix was medically examined. The applicant was arrested. After completion of investigation and other formalities, charge sheet has been filed.
(3.)Learned counsel for the applicant submits that the applicant has been falsely implicated. The prosecutrix is a married lady. The applicant is in custody since 4/11/2022. Charge sheet has been filed. Conclusion of trial will take. The applicant is a student aged around 18 years. There is no possibility of his absconding or tampering with the prosecution case. Hence, prayed for grant of bail.