SHUBHAM BHARGAVA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 19.7.2020 by Police Station, Kotwali, District Shivpuri, in connection with Crime No.246/2020 for the offence punishable under Section 376-D of IPC, Sections 3/4 of the POCSO Act and Section 67-A of the IT Act.

(2.) It is the submission of learned counsel for the applicant that he is suffering incarceration since 19.7.2020 on false pretext. It is submitted that no role is attributable over the applicant so far as offence of rape is concerned. Statement of prosecutrix under Section 164 of Cr.P.C. indicates non- implicative nature of allegation against the applicant. Even otherwise, he is relative of prosecutrix and only role attributable over the applicant is to send photograph received by him to father of the prosecutrix. 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.) Learned counsel for the State opposed the prayer and prayed for dismissal of the bail application.