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Judgment
Sheel Nagu, J
Petitioner has filed this first application under Section 438 Cr.P.C. for grant of anticipatory bail.
Petitioner apprehends his arrest in connection with offence punishable under Sections 376(2)(N), 376 (2)(H), 294, 506/34 of IPC registered as Crime
No.36/2021, by Police Station Rahatgawan, District Harda (M.P.).
The present petitioner apprehends for rape. The case diary as read over by the learned counsel for the State reveals that the incident took place
sometime in 2019, when the petitioner, who happens to be the father-in-law of the prosecutrix, aged 20 years subjected her to rape on various
occasions after taking advantage of the prosecutrix being alone in the house. It is also alleged that the petitioner knows witchcraft and therefore the
prosecutrix was under great apprehension that if she discloses about the incidence the petitioner may put her to death, as he had extended the threats
of dire consequences.
The delay in lodging the FIR is explained by the petitioner and because of social constrains and the relationship with the petitioner, it was difficult for
her to come to terms with the incidence which took place with her, and therefore, she could muster courage to go to the Police Station after a long
period of time. The explanation given by the prosecutrix is understandable and natural.
In view of the aforesaid, the petitioner being the main accused, no case is made out for grant of anticipatory bail to the petitioner.
Accordingly, this M.Cr.C. stands dismissed.
C.c as per rules.