SUNIL ADIWASI 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 1/3/2020 by Police Station Aawada, District Sheopur in connection with Crime No. 17/2020 registered for offence for the offences punishable under Section 365, 376 (D)(A), 506 IPC and Section 5(g)/6 of POCSO Act.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. Applicant is in confinement since 1/3/2020 whereas, charge-sheet has already been filed. Medical report nowhere suggest commission of offence because no injury was found over the person of prosecutrix; whereas; allegations were such that injuries ought to have been there. Confinement since 1/3/2020 amounts to pretrial detention. Looking to the prevailing condition of COVID-19, he seeks bail on sympathetic grounds. He undertakes to cooperate in trial. 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. Further looking to the situation of pandemic, he intends to perform community service by serving the Nation by contributing his part by installing Arogya Setu App, if bail is granted.