RAKESH SINGH Vs. STATE OF M.P.

JUDGEMENT

(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 20-02- 2020 by Police Station Mohna, District Gwalior in connection with Crime No.169/2019 registered for offence under Sections 376 , 34 of IPC.

(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 20-02-2020 whereas charge-sheet has already been filed. He does not bear any criminal record. Narration of story indicates an improbable event. Prosecutrix consistently changed her statement under Section 161 of Cr.P.C. and later on in supplementary statement. Confinement since 20-02-2020 amounts to pretrial detention. He undertakes to cooperate in trial. Applicant also undertakes that he would not be source of embarrassment and harassment to the prosecutrix in any manner and would not have in her vicinity. 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 downloading Arogya Setu App.