AMRAT GIR Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 16/7/2019 by Police Station - Sehrai, District Ashoknagar in connection with Crime No. 100/2019 registered for the offences punishable under Sections 366 , 376(D) , 370(1) , 506 , 34 of IPC.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 16/7/2019 on false pretext; whereas, charge-sheet has already been filed. It is further submitted that early conclusion of trial is a bleak possibility. Although in TIP, prosecutrix identified the present applicant but she did not identify that who committed rape with her. Medical report nowhere indicates any application of force over the prosecutrix internally or externally. Looking to the long period of custody and contradiction crept in statement of prosecutrix recorded under Sections 161 and 164 of Cr.P.C. he be released on bail. Applicant undertakes to cooperate in investigation/trial. He further undertakes not be a source of embarrassment or harassment to the complainant party in any manner and would not move in their 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. Further looking to the situation of pandemic, he intends to perform community service by serving the Nation by contributing his part by installing Arogya Setu App, contributing in Army Central Welfare Fund and planting saplings in case application is allowed.

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