JAGDISH Vs. STATE OF M.P.)

JUDGEMENT

(1.) Matter is heard through Video Conferencing.

(2.) The applicant has filed this repeat bail application u/S.439 Cr.P.C. for grant of bail. Applicant has been arrested on 29/9/2019 by Police Station Billowa, District Gwalior in connection with Crime No.205/2018 registered for offence under Sections 366 and 376-D of IPC.

(3.) It is the submission of learned counsel for the applicant that Court statement of prosecutrix has been held and she did not support the story of prosecution and declared hostile. He seeks parity with co-accused Manish who has been extended benefit of bail in M.Cr.C.No. 17515/2020 vide order dated 11/6/2020. Chance of tampering with the evidence and witnesses is remote. Confinement since 29/9/2019 amounts to pretrial detention. He undertakes to cooperate in trial. Applicant also undertakes that he would not be source of harassment and embarrassment to the prosecutrix or her family members in any manner and he would not move in her 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. He intend to perform community service and to serve the Nation by way of depositing some amount in the PM CARES Fund.