(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 15-01- 2020 by Police Station City Kotwali, District Morena in connection with Crime No.28/2020 registered for offence under Sections 363 , 376 , 34 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 15-01-2020 whereas charge-sheet has already been filed. It is further submitted that offence of rape as alleged is attributable over co-accused Gaurav Jatav and not against the present applicant. Although he was allegedly instrumental in picking up of girl but girl did not raise any alarm and she lived with co-accused Gaurav for a day and thereafter mother of co-accused Gaurav dropped the prosecutrix at her maternal home. Since he is not main accused, therefore, confinement amounts to pretrial detention specifically looking to the fact that charge-sheet has already been filed. He undertakes to cooperate in trial.