1. This is first application under S.439 of CrPC for grant of bail.

2. The applicant has been arrested on 30/1/2021 in connection with Crime No.40/2021 registered at Police Station Shamshabad, District Vidisha for offence under S.377 and S.506 of the IPC.

3. It is submitted by learned counsel for applicant Radheshyam Banjara that the applicant has been falsely implicated. He has not committed any offence. Applicant is the husband of the prosecutrix. There is matrimonial litigation pending between the applicant and the prosecutrix due to which false case has been registered against him. FIR is delayed by three days and as per FIR itself, it is reflected that the prosecutrix is residing in her matrimonial house since last one and half years, which is also the place of incident. As per MLC report, no external or internal injury was found on the person of the prosecutrix, which makes the prosecutrix story false and concocted. It is further submitted that the applicant is in jail since last more than one month. Investigation is complete and charge sheet has been filed. Trial will take its own time. Hence, prayed for grant of bail to the applicant.

4. Per contra, learned State counsel has o