SHAITAN SINGH KUSHWAH Vs. STATE OF M.P.)

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 31-01- 2020 by Police Station Kotwali, District Vidisha in connection with Crime No.344/2019 registered for offence punishable under Sections 363 , 366 , 376(2)(n) of IPC, Sections 5(g)/6 of POCSO Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 31-01-2020 whereas charge-sheet has already been filed. He referred the statement under Section 164 of Cr.P.C. of prosecutrix to indicate that she left her maternal home on her own volition. Applicant and prosecutrix entered into the wedlock and they are blessed with a child aged 4 months now. He undertakes to take care of prosecutrix and his wife and not to harass and embarrass them. Looking to the prevailing condition of COVID-19, he seeks bail on sympathetic grounds also. He undertakes to cooperate in trial and would 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 guidelines, 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. Applicant intends to perform community service and to serve the National cause by contributing in PM CARES Fund.

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