JITENDRA VANSHKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through Video Conferencing. The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 14.08.2019, in connection with Crime No.55/2019, registered at Police Station Gauraghat, District Datia for the offence punishable under Sections 363 , 376 of IPC and Section 3/4 of the POCSO Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him. He is in confinement since 14.08.2019 whereas statement of prosecutrix under Section 164 of Cr.P.C. is non implicative in nature. Apparently, she left her maternal home on her volition. She is more than 17 years of age. Applicant and prosecutrix are relatives and earlier also, she eloped with him. Now they are entered into nuptial bond. Looking to the prevailing situation in the society and vicinity regarding Pandemic Covid-19, if he is given benefit of bail then he can take care of his family members. He undertakes to cooperate in trial/investigation and to appear before the trial court as and when required. 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.) Learned P.L. for the State opposed the prayer and prayed for its dismissal.