This order shall govern the disposal of M.Cr.C. No.23320/2024 and 23547/2024.

They are heard. Perused the case diary / challan papers. These are the first bail applications filed by the applicants under Section 439 of Criminal Procedure Code, 1973 , as they are implicated in connection with Crime No.72/2024 registered at Police Station Jaora, District Ratlam (MP) for offence punishable under Section 376(2)(n), 509, 506, 384 , 328 of Indian Penal Code, 1860 and Section 3 of Immoral Traffic (Prevention Act). The applicant are in custody since 23/02/2024 and 28/03/2024 respectively.

Allegation against the applicant Arbaz is that he committed rape on the prosecutrix continuously since 11/07/2022 and the co-accused Shoeb has recorded the video clip of the the prosecutrix with accused Arbaz.

Counsel appearing for the applicant Arbaz has submitted that the prosecutrix is major and the FIR has been lodged after more than two and half years of the incident as the incident took place on 11/07/2021, whereas the FIR has been lodged on 22/03/2024. Counsel has submitted that the prosecutrix was a consenting party and in the FIR, she has not even alleged that the applicant and the other accused