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Judgment
Rajeev Kumar Shrivastava, J
This is second bail application of the applicant under Section 439 of CrPC.
The applicant has been arrested on 26/6/2021 in connection with Crime No.365/2021 registered at Police Station Gwalior, District Gwalior for offence under Sections 376(2)(n) and 506 of IPC.
It is submitted by learned counsel for applicant Sanjay Katare that this is second bail application of the applicant. First application was dismissed as withdrawn on 10/8/2021. The case is of consent wherein the prosecutrix and the applicant both are major and are married persons. It is further submitted that the applicant is in custody since last more than three months. Now, investigation is complete and charge-sheet has been filed. Only DNA report is required to be received. Trial will take long time to conclude. Hence, prayed for grant of bail to the applicant.
Per contra, learned State counsel as well as learned counsel for the complainant opposed the bail application and have submitted that the case against the present applicant is registered under Section 376 (2) (n) of IPC along with Section 506 of IPC, wherein the consent was not free consent as defined under the law. Hence, prayed to reject the bail application.
Heard learned counsel for the rival parties and perused the materials available on record.
Considering the nature and gravity of offence as well as the arguments advanced by learned counsel for the rival parties, without commenting on merits of the case, at this stage, this Court is not inclined to grant bail to the applicant.
Hence, the application is rejected.
A copy of this order be sent to the trial Court for information.