PRAVENDRA & ANR. Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants have filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicants have been arrested on 10/7/2020 and 12/7/2020 respectively by Police Station Bhonti, District Shivpuri, in connection with Crime No.97/2020 for the offence punishable under Sections 354 , 324 , 506 , 34 of IPC and 7/8 of POCSO Act.

(2.) It is the submission of learned counsel for the applicants that false case has been registered against the applicants and they are suffering confinement since 10/7/20 and 12/7/20 respectively. Earlier case was registered in year 2017 on the complaint of prosecutrix but after investigation no case was found for trial and therefore, Khatma report was filed by the police which was not accepted by the trial Court and direction for re-investigation was given and result is filing of charge-sheet in the instant case. Charge- sheet has already been filed and chance of tampering with the evidence/witness is remote. Even otherwise, applicants do not bear any criminal record, therefore, also confinement amounts to pretrial detention. They undertake to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party, in any manner. They further undertake to abide by all the terms and conditions of guidelines, 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. Further looking to the situation of pandemic, they intend to serve the Nation by contributing their part by installing Arogya Setu App and by contributing in Army Central Welfare Fund, in case bail is granted.

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