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Judgment
13 paragraphs · 206 wordsG.S. Ahluwalia, J
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 27.01.2021 in connection with Crime No.08/2021 registered by Police Station Bamorkala District Shivpuri for
offence punishable under Sections 376, 450 of IPC.
It is submitted by the counsel for the applicant that the prosecutrix has given an affidavit to the effect that she had never lodged a report of rape
against the applicant.
Per contra, it is submitted by the counsel for the State that according to the prosecution case, the applicant is alleged to have committed rape on the
prosecutrix in the night of 09.01.2021. It is further submitted that when the applicant was committing offence forcibly, then after hearing the screams
of the prosecutrix, the independent witness Sukhlal came on the spot. Furthermore, the FSL report as well as DNA test report have not been
received. It is further submitted that filing of so called affidavit by the prosecutrix thereby exonerating the applicant clearly shows that the applicant is
involved in pressurizing and winning over the prosecution witnesses. Considering the allegations made against the applicant, no case is made out for
grant of bail.
The application fails and is hereby dismissed.