UMESH ALIAS CHHOTU 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 12-12- 2017 by Police Station Bhitarwar, District Gwalior in connection with Crime No.421/2017 registered for offence under Sections 363 , 366 , 376 of IPC and Section 5(l)/6 of POCSO Act.

(3.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 12-12-2017. Prosecutrix was sister-in-law of his elder brother and therefore, she was in relationship and knew each other. She left her maternal home on her own volition and stayed with applicant for some days. Charge-sheet has already been filed and Court statements of material witnesses is over, therefore, chance of tampering with the evidence and witnesses is remote. Confinement since 12-12-2017 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 victim 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.