HARIOM Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 21-01- 2020 by Police Station, Station Road Morena in connection with Crime No.20/2020 registered for offence under Sections 376(2) (n), 201, 34 of IPC and Section 3/4, 5/6 of POCSO Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 21-01-2020 whereas charge-sheet has already been filed. It is further submitted that only on the basis of false allegation, he is suffering confinement because prosecutrix nowhere in her statement under Sections 161 and 164 of Cr.P.C. categorically spelt out the allegations. Apparently, they were in close proximity, therefore they shared intimacy. No video or photograph recovered from the possession of the applicant by the Investigating Officer to bring home the fact regarding blackmailing. He intends to marry prosecutrix who is aged more than 18 years. Applicant is NCC cadet and at the beginning of career long drawn confinement will ruin his career. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the prosecutrix/complainant party in any manner. Further he would not move in the vicinity of complainant party. 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. Under the prevailing situation of Pandemic COVID -19 sympathetic consideration be made.

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