(1.) With consent heard finally through video-conferencing.
(2.) This is the second application under Section 438 of the Cr.P.C filed by the applicant, who apprehends his arrest in connection with Crime No.56/2020, registered at Police Station Kampoo District Gwalior, for the offences punishable under Sections 376, 366, 506, 34 of IPC. His earlier bail application was allowed granting temporary bail to the applicant.
(3.) Learned counsel for the applicant submits that false case has been registered against him and he is apprehending his arrest on the basis of offence registered above. It is further submitted that this Court earlier granted interim bail because of nature of allegations and the fact that applicant and prosecutrix remained in close proximity and entered into wedlock. It is further submitted that now the applicant and prosecutrix have moved an application under Section 13-B of Hindu Marriage Act, 1955 before the competent Court seeking divorce. Document dated 06- 10-2020 has been filed in support of submission. Now both intend to part their ways. Confinement would bring social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/trial and keep himself available as and when required. He would not be source of harassment and embarrassment in any manner to the complainant party in any manner. Looking to COVID-19 pandemic situation and the fact that no custodial interrogation is required, sympathetic consideration be made. Thus, prayed for anticipatory bail.