AZHAR KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this repeat bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 2/4/2019 by Police Station -Dehat Basoda, District Vidisha in connection with Crime No. 131/2016 registered for the offences punishable under Sections 376(D) , 292 of IPC and Section 67 of IT Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 2/4/2019 on false pretext. It is further submitted that it is a case of bail jump because earlier applicant could not make himself present before the trial Court on 13/3/2019 and therefore, arrest warrant has been issued against him and thereafter, he surrendered on 2/4/2019. Even otherwise, now applicant has learnt the lesson hard way and now would not undermine the process of law in any manner and would cooperate in trial. Further medical report of prosecutrix nowhere indicates commission of such offence as no injury has been found over the person of prosecutrix. Learned counsel for the applicant on the basis of different proceedings of different dates before the trial Court contends that applicant never omitted to remain present when prosecutrix was available for dock identification, somehow this fact could not be represented earlier before this Court. He seeks bail on the basis of long period of custody also and challenging times of Covid-19 pandemic. He further undertakes not be a source of embarrassment or harassment to the complainant party in any manner. 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.

(3.) Counsel for the State opposed the prayer and prayed for dismissal of the bail application.