RAJESH Vs. STATE OF M.P.)

JUDGEMENT

(1.) Matter is heard through Video Conferencing.

(2.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 22-04- 2020 by Police Station Amola, District Gwalior in connection with Crime No.150/2019 registered for offence under Sections 363 , 366 , 376 of IPC and Section 3/4 of POCSO Act.

(3.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 22-04-2020. Statements of prosecutrix under Sections 161 and 164 of Cr.P.C. are non implicative in nature. She is around 18 years of age and she left her maternal home on her own volition. Confinement amounts to pretrial detention especially when applicant does not bear criminal record. He undertakes to cooperate in trial. Applicant also undertakes that he would not be source of harassment and embarrassment to the victim or her family members in any manner and he would not move in her vicinity. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. He also undertakes to perform community service.