LAWS(MPH)-2020-6-1135

RISHI BHADORIYA Vs. STATE OF M.P

Decided On June 22, 2020
Rishi Bhadoriya Appellant
V/S
STATE OF M.P Respondents

JUDGEMENT

(1.) Matter is heard through Video Conferencing.

(2.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 23-01- 2020 by Police Station Banmore, District Morena in connection with Crime No.18/2020 registered for offence for the offences punishable under Sections 376 , 506 of IPC.

(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 23-01-2020; whereas, charge-sheet has already been filed. It is further submitted that prima facie it was a matter of consent which converted into the allegations because when prosecutrix knew the fact about eve teasing at the instance of applicant then it is highly improbable that she should have accompanied the applicant to a remote area. Medical opinion nowhere indicates any physical intercourse violence or injury over the person of the prosecutrix. Confinement amounts to pretrial detention. Looking to the prevailing condition of COVID- 19, he seeks bail on sympathetic grounds also. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party, in any manner.. He further undertakes to abide by all the terms and conditions of guidelines, 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 serve the National cause by contributing in PMCARES Fund, in case bail is granted..