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Judgment
11 paragraphs · 195 wordsG.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 9.6.2021 in connection with Crime No.210/2021 registered at Police Station Karera, District Shivpuri for offence
under Sections 376D, 294, 323/34 of IPC.
It is submitted by the counsel for the applicant that the allegations of rape are false and no external injury was found on the body of the prosecutrix.
Per contra, the application is vehemently opposed by the counsel for the State as well as counsel for the complainant. It is submitted by the counsel for
the complainant that according to the prosecution case, after assaulting the husband of the prosecutrix, she was raped by the applicant and the co-
accused Chhotu Parihar and the co-accused Chulli and Kalla had caught hold of her hands and legs. It is further submitted that the bail applications of
the co-accused Chulli and Kalla have already been dismissed.
Considering the totality of the facts and circumstances of the case, this Court is of the considered opinion that no case is made out for grant of bail.
The application fails and is hereby dismissed.