GOLU ADIWASI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is fourth bail application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 23.03.2019 in connection with Crime No.63/2019 registered at Police Station Myana, District Guna for the offence punishable under Sections 363 , 366 , 376 , 506 of IPC and Section 3/ 4 of POCSO Act.

(2.) Applicant's earlier bail application was dismissed as withdrawn vide order dated 16.06.2019 passed in M.Cr.C. No.35415/2019.

(3.) It is the submission of the learned counsel for the applicant that a false case has been registered against the applicant. He is suffering confinement since 23.03.2019, whereas court statements of prosecutrix and other prosecution witnesses are already held, therefore, chances of tempering with witnesses/evidence is remote. Even the story of prosecution indicates an improbable event. At 1.00 am in night prosecutrix went to address nature's call at a remote area instead of using the facility of toilet in her backyard. Confinement since 23.03.2019 amounts to pretrial detention. He undertakes to cooperate in trial/investigation and to appear before the trial Court as and when required. He further undertakes that he would not be a source of harassment and embarrassment to the complainant party and would not move in the vicinity of the complainant party. He further undertakes to do some community service. On all these grounds, he prayed for bail.