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Judgment
Pramod Kumar Agrawal, J
This is the fourth application filed by the applicant under Section 483 of B.N.S.S. for grant of bail relating to Crime No.204/2025 registered at Police Station - Shahjahanabad, District - Bhopal (M.P.) for the offences punishable under Sections 64(1), 127(2), 115(2), 351(2) of B.N.S. The applicant is in custody since 12.04.2024.
Earlier (third) application of applicant was dismissed as withdrawn vide order dated 15.01.2026 passed in MCRC. No.58758/2025.
As per the prosecution story, the allegation against the applicant is that he committed rape with the prosecutrix in his flat. He has also beaten the prosecutrix and threatened to kill her if she disclosed the incident to anyone. Therefore, the offence has been registered against him under aforesaid sections.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in this case. He is in custody since 12.04.2024. The prosecutrix is consenting party. The statement of prosecutrix has been recorded before the Trial Court. It is further submitted that in Crime No.674/2023 registered at P.S. Shahjahanabad, Bhopal under Sections 109, 343, 363, 366-A, 376(3) & 376(DA) of IPC, the prosecutrix has not identified the applicant. Charge sheet has been filed. The conclusion of trial will take considerable time. Therefore, it has been prayed that the applicant may be released on bail.
On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant and has submitted that in the statement recorded under Section 183 of B.N.S.S. as well as Court statement, the prosecutrix has deposed against the applicant. DNA report is positive. The applicant has criminal antecedents of 07 cases out of which one case registered at Crime No.674/2023 in P.S. Shahjahanabad, Bhopal under Sections 109, 343, 363, 366-A, 376(3) & 376(DA) of IPC is of similar nature and the other case is registered at Crime No.116/2016 at P.S. Shahjahanabad, Bhopal under Section 354 of IPC. The minute appreciation of evidence cannot be done at this stage. Earlier(second) application of applicant was dismissed on merits. Hence, the applicant be not granted bail.
Heard learned counsel for the parties and perused case diary.
Looking to aforesaid facts and circumstances, I am not inclined to grant bail to the applicant.
Accordingly, present MCRC stands dismissed.
Since the applicant is in custody since 12.04.2025 and trial is not complete, learned Trial Court is directed to expedite the trial.
Copy of this order be sent to learned Trial Court for necessary compliance.