JITENDRA Vs. STATE OF M.P. & ANR

JUDGEMENT

(1.) The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 16.1.2020 by Police Station Mau, District Bhind, in connection with Crime No.244/2019 for the offence punishable under Sections 363 , 366 , 376 of IPC and Sections 5/6 of the POCSO Act. First application has been dismissed as withdrawn.

(2.) It is the submission of learned counsel for the applicant that he is suffering confinement since 16.1.2020, whereas charge-sheet has already been filed. It is further submitted that main allegations are attributable over co-accused Pawan who is in confinement and only allegation against the applicant is to ride motorcycle on which prosecutrix and co-accused Pawan went to a place where Pawan committed rape. Confinement amounts to pretrial detention. He undertakes to cooperate in trial and would not be a source of embarrassment/harassment to the complainant party in any manner. He further undertakes to perform community service to purge his misdeeds, if any. On these premises, he prayed for bail.

(3.) Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.