ASHNIL SINGH BHADORIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through Video Conferencing.

(2.) The applicant has filed this third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 15-07- 2019 by Police Station Umari, District Bhind in connection with Crime No.199/2019 registered for offence under Sections 376(a) (b) of IPC and Section 5/6 of POCSO Act. His earlier bail applications were dismissed as withdrawn.

(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 15-07-2019 whereas charge-sheet has already been filed. Medical report of victim nowhere suggests commission of any aggression or offence of rape over victim whereas she was 8 years old. Medical examination immediately held, therefore, it appears that false case has been registered to wreck vengeance and to settle the score. FSL report nowhere implicates the applicant. Apparently because of electoral (Sarpanch election), dispute between the families, this case has been filed. Statement of prosecutrix and other material witnesses are over, therefore, chance of tampering with the evidence is remote. Confinement since 15-07-2019 amounts to pretrial detention. He undertakes to cooperate in trial. Applicant also undertakes that he would not be source of harassment and embarrassment to the victim or her family members in any manner and he would not move 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 and to serve the Nation by way of depositing some amount in the PM CARES Fund.