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2022 Supreme(MP) 1240

NANDITA DUBEY
Aman @ Rishi Upadhyay – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
D.D. Bhave, Advocate, Yogendra Das Yadav, Advocate
Final Result : Allowed

JUDGMENT

Nandita Dubey, J. - This is the first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.

2. T h e applicant apprehends his arrest in connection with Crime No.437/2022 registered at Police Station Madanmahal, District Jabalpur for the offences mentioned therein.

3. A s per prosecution, the complainant/prosecutrix filed a complaint on 08.12.2022 that she knew the applicant for over more than a year. The applicant has proposed marriage to her. However, she stated that she can only do so, if her family members agree. It is stated that the applicant took her to his house on the pretext that he is not feeling well and has committed rape on her on 03.07.2022. When the prosecutrix asked him to marry her, the same was refused.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated. The prosecutrix/complainant has been pressurizing the applicant to marry her to which he has refused, hence false case of rape has been filed by her. It is stated that the prosecutrix is a major person. The applicant has totally denied the case. It is stated that no such act has been committed by him. It is further pointed

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