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2022 Supreme(MP) 1175

ROHIT ARYA
Rahees Khan – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Amit Goswami, Advocate, Rohit Shrivastava, Advocate, Rishikesh Bohre, Advocate
Final Result : Allowed

JUDGMENT

Rohit Arya, J. - This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.

2. The applicant has been arrested by Police Station - Madhoganj, District Gwalior in connection with Crime No.589/2022 registered in relation to the offence punishable under Sections 376, 376(2)(N), 506 of IPC.

3. An FIR has been lodged at crime case No.589/2022 at police station Madhoganj on 18.12.2022 on an allegation that the applicant sexually abused the prosecutrix on 18.09.2020 i.e. about two years and three months ago.

4. Accordingly, the case has been registered.

5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The applicant has no criminal antecedents. As a matter of fact that applicant and prosecutrix, both major, have been staying in live-in-relationship. In fact, applicant intended to marry to prosecutrix also but for the reasons well known to the prosecutrix, she has taken extreme stand of having lodged the instant complaint against the applicant, pursuant to which the applicant is suffering jail custody since19.12.2022. On the face of the allegations made in the FIR, no case is made o

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