ORDER

This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.599/2023 registered at Police Station Chand, District Chhindwara (M.P.) for the offence punishable under Sections 376(2)(f), 376(2)(n), 506 of IPC.

Applicant is in detention since 03.01.2023.

2. As per the prosecution story, the allegation against the applicant is that he forcefully committed rape with the prosecutrix. Therefore, the aforesaid offence has been registered against him.

3. Learned counsel for the applicant submitted that applicant is in jail since 03.01.2023. He has been falsely implicated. FIR has been lodged after delay of two days and delay in lodging the FIR was not explained. It is also submitted that there is contradiction in the statements of prosecutrix and her mother. It is further submitted that firstly on 13.02.2023 NCR under Section 155 of the Cr.P.C. was lodged by the applicant's mother namely Surjo Bai Choudhary against the complainant party vide NCR No.1302/2023 for the offence punishable under Section 504 of the IPC. Thereafter, the present FIR has been registered against the present applicant as a counter blast. Charge sheet has been filed. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant may be released on bail pending the trial.

4. On the other hand, learned counsel for State has opposed the grant of bail to the applicant on the ground that applicant threatened the prosecutrix therefore she lodged FIR after delay of two days.

5. After perusal of record, it is found that prosecutrix has stated that applicant has forcefully committed rape with her. Statement of the of prosecutrix has been corroborated by the statement of her mother.

6. Looking to the facts and circumstances of the case, this is not the fit case to grant bail to the applicant. Hence, this MCRC stands dismissed. (PRAMOD KUMAR AGRAWAL) JUDGE shahina