ASAD KHAN 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 15.10.2019, in connection with Crime No.343/2019, registered at Police Station Chanderi, District Ashoknagar (MP), for the offence punishable under Sections 376, 366, 323, 506, 34 of IPC. His first bail application was dismissed as withdrawn by this court vide order dated 13.11.2019 passed in MCRC No.45700/2019.

(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 15.10.2019 whereas charge-sheet has already been filed. It is further submitted that source of implication of applicant is video/mobile clipping in which he has allegedly been seen in compromising position with the prosecutrix. Neither video has been seized nor Test Identification Parade has been conducted to bring home the evidence about the involvement of the applicant. In absence of any such document, it is apparently clear that false case has been registered against him. 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 would not move in the vicinity of complainant. He further undertakes to do some community service to purge his misdeeds. Under these grounds, he prayed for grant of bail to the applicant.

(3.) Learned PL for the State opposed the prayer made by the applicant and prayed for dismissal of this application.