CHHOTELAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through Video Conferencing. The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 1.1.2020 by Police Station Jhansi Road, District Gwalior, in connection with Crime No.557/2019 registered for offence under Section 376 , 376(2) n, 376(d), 342, 34, 120-B of IPC .

(2.) It is the submission of learned counsel for the applicant that he is suffering confinement since 1st January, 2020 on false pretext and charge-sheet has already been filed. It is further submitted that prosecutrix and he eloped together and lived at Satna for two months and thereafter prosecutrix returned back and filed a false complaint against him. She is married and because of domestic incompatibility shared by her with her husband, she developed emotional intimacy with the applicant. Same is reflected from the statement under Section 164 of Cr.P.C. He undertakes to cooperate in trial. 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 intends to perform community service by way of depositing some amount in the PM CARES Fund. In totality of circumstances prevailing at present of Covid- 19, his case be considered sympathetically.

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