KULDEEP SHARMA Vs. STATE OF M.P.

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 30-06- 2020 by Police Station City Kotwali, District Bhind in connection with Crime No.275/2020 registered for offence punishable under Sections 363 , 366 , 376 of IPC and Section 3/4 of the POCSO Act.

(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 30-06-2020 and charge-sheet is likely to be filed soon. It is further submitted that it is a case of consent where prosecutrix left her maternal home on her own volition. Statement of prosecutrix under Section 164 of Cr.P.C. is non implicative in nature. 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 and he shall not move in the vicinity of complainant party. 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. Applicant intends to perform community service and to serve the National cause by contributing in Army Central Welfare Fund.