HINGLAJ Vs. STATE OF M.P

JUDGEMENT

(1.) The applicant has filed this second bail application u/S.4391 Cr.P.C for grant of bail. Applicant has been arrested on 30.09.2019 by Police Station Sehrai, District Ashoknagar in connection with Crime No.100/2019, registered for offence under Sections 366 , 376(d) 370(1) , 506 , 34 of IPC.

(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 30.09.2019. It is further submitted that name of applicant does not figure in FIR and statement under Section 161 of Cr.P.C.. Only for the first time, his name figured in statement under Section 164 of Cr.P.C. and that to allegation of rape is not attributable over him. Counsel seeks parity vis-a-vis order of co- accused namely Govind Giri dated 23.06.2020 passed in MCRC No.15090/2020. Confinement amounts to pretrial detention. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant. He would not move in the vicinity of complainant party in any manner. He undertakes to serve the national cause by making contribution in PM CARES FUND and further undertakes to install Arogya Setu App. On these grounds, prayer for bail has been made.

(3.) Learned PL for the State opposed the prayer and prayed for dismissal of this application.