ORDER

1. This is the first application under section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.33/2022 registered at Police Station – Alot, District – Ratlam (M.P.) for offence punishable under section 450, 195-A, 376, 323, 506-II, 294 of IPC.

2. The applicant is in custody since 21.1.2022.

3. As per prosecution, on 20.1.2022 at about 07:00 PM the applicant forcibly entered into the house of prosecutrix on account of enmity between them regarding some old case, threatened her and committed rape upon her. Thereafter on the next day again he threatened her and abused her. On lodging of FIR by the prosecutrix, the present applicant has been implicated and has been arrested for the present offence.

4. Learned counsel for the applicant submits that prosecutrix has been examined before the trial Court and she has not supported the case of prosecution in any manner and has been declared hostile. She has specifically stated that applicant has not committed any rape upon her and no incident as alleged has ever taken place. Thus, in view of the statement of prosecutrix herself, the applicant is entitled to be released on bail particularly