Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicants, in connection with FIR/Crime No.564/2024, Date:-(Not mentioned) registered at P.S.-Jhabua, District- Jhabua (M.P.) for commission of offence punishable under Sections 366, 376, 376 (D) and 506 of the IPC.

2. Prosecution story in brief is that, prosecutrix is major and married lady. On 13.05.2024 at around 11 p.m. when the prosecutrix came out from her house for nature's call, present applicants/ accused persons came there by motor cycle and took her in a hut of applicant Arvind. Both the accused persons threatened her that if she raise any alarm they will kill her. Applicant John@ Rahul returned back from hut of applicant Arvind thereafter, applicant Arvind committed rape upon the prosecutrix and on the the next day morning at around 8 a.m. applicant Arvind left her near the house of maternal uncle of the prosecutrix. Thereafter, prosecutrix informed the incident to her parents and after returning home she also narrated the incident to her in-laws.

3. Learned counsel for the applicant submits that applicant has not committed the offence and has false