LAWS(MPH)-2020-7-53

VINOD Vs. STATE OF M.P

Decided On July 07, 2020
VINOD Appellant
V/S
STATE OF M.P Respondents

JUDGEMENT

(1.) The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 06.11.2019 by Police Station Dehat, District Bhind, in connection with Crime No.117/2019, registered for offence under Sections 363 , 366 , 366(a) , 376(d) and 506 of IPC and Section 5(g)/6 of POCSO Act. His earlier bail application was dismissed as withdrawn.

(2.) It is the submission of learned counsel for the applicant that applicant is suffering confinement since 06.11.2019 whereas charge-sheet has already been filed and trial is being held up since 05.03.2020. It is further submitted that allegations of prosecutrix as per Section 161 of Cr.P.C. indicates an improbable events. Her tentative and adhoc approach vis-a-vis statement under Section 164 of Cr.P.C. indicates nature of allegation. He does not bear any criminal record. Confinement amounts to pretrial detention. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant/prosecutrix. He would not move in the vicinity of complainant party in any manner. He further undertakes to perform community service and to serve the national cause by making contribution in Army Central Welfare Fund and to install Arogya Setu App. Under these grounds, prayer for bail has been made.

(3.) Learned Additional Advocate General for the State opposed the prayer and prayed for its dismissal.