ORDER/JUDGMENT : – Heard through Video Conferencing.

Shri Umesh Sharma, learned counsel for the applicant.

Shri S. R. Saxena, learned Dy. Advocate General for the respondent/State.

This is the applicant’s first bail application under section 439 of Criminal Procedure Code, 1973 for grant of bail during the trial.

2. The applicant is implicated in connection with Crime No. 489/2021 registered at Police Station- Mahakaal, District-Ujjain (MP) for offence punishable under sections 376, 376(2)(n), 366 of the I.P.C. and under sections 3, 4,5(l), 6 of the Protection of Children from Sexual Offences Act. The applicant is in jail since 4-6-2021.

3. The allegation against the applicant is that he committed rape on the prosecutrix on the pretext of marriage.

4. Counsel for the applicant has submitted that the applicant and the prosecutrix had an affair since last around two years and both of them are students. It is further submitted that the prosecutrix entered into physical relationship with the applicant on her own free will as she is aged around 21 years and has falsely stated that the incident has taken place around three years ago, only under the pressure of prosecutrix’ family members