SATISH KUSHWAHA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this second application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 25.12.2019, in connection with Crime No.976/2019, registered at Police Station Janakganj, District Gwalior (MP), for the offence punishable under Sections 376 and 376(2)(n) of IPC. His first application was dismissed as withdrawn by this Court vide order dated 10.01.2020 passed by this court.

(2.) It is the submission of counsel for the applicant that the false case has been registered against him and he is suffering confinement since 25.12.2019 whereas charge-sheet has already been filed. Even otherwise, case arises on false promise of marriage.

(3.) Counsel for the appellant relied upon the judgement of Hon'ble Apex Court in the case of Dr.Dhruvaram Murlidhar Sonar Vs. State of Maharashtra, AIR 2019 SC 327 and in the case of Pramod Suryabhan Pawar Vs. State of Maharashtra, AIR 2019 SC 4010. He also relied upon the judgment rendered by Hon'ble Apex Court in the case of Uday Vs. State of Karnataka reported in (2003) 4 SCC 46. Confinement amounts to pretrial detention. He undertakes to cooperate in the investigation/trial and make himself available as and when required. He would not be a source of embarrassment and harassment to the prosecution witnesses in any manner. He further undertakes to do some community service to purge his misdeeds by ways of planting saplings. Under these grounds, he prayed for grant of bail to the applicant.