JUDGMENT

Subodh Abhyankar, J. - They are heard. Perused the case diary / challan papers.

2. This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.516/2022 registered at Police Station Gandhwani District Dhar for offence punishable under Sections 376,366, 294,323 and 506 of IPC. The applicant is in custody since 08.09.2022.

3. The allegation against the applicant is of rape of prosecutrix.

4. Counsel for the applicant has submitted that the prosecutrix was 20 years old and was a consenting party as both of them were having an affair. It is further submitted that only on the influence of her parents the case has been registered against the applicant on 06.09.2022 in the night at 23.19 hours. Whereas the date of incident is of 05.09.2022 at around 6.00 in the evening.

5. Counsel for the applicant has drawn attention of this Court to the statement of the prosecutrix recorded under Section 164 of the Cr.P.C wherein she has stated that on 05.09.2022, the applicant had contacted and committed rape on her and on the same day he came to her house and also assaulted her parents.

6. Counsel for the applicant h