RAJABABU 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 29/4/2021 by Police Station Bharoli, District Bhind (M.P.) in connection with Crime No.26/2021 for the offence punishable under Ss. 376 (D) and 506 of IPC and Sec. 5 and 6 of Prevention of Children from Sexual Offences Act.

(2.) It is the submission of the learned counsel for the applicant that applicant is suffering confinement since 29/4/2021. It is further submitted that co-accused Uday Singh Kushwaha has already been enlarged on bail by this Court vide order dtd. 16/11/2021 passed in M.Cr.C.No.55641/2021 and the case of present applicant is identical to that of co-accused Uday Singh Kushwaha. Confinement amounts to pretrial detention. He undertakes to cooperate in trial and would not be a source of harassment and embarrassment to the complainant party in any manner. He further undertakes not to move in the vicinity of prosecutrix. On these grounds, he prayed for bail on the ground of parity.

(3.) Learned State counsel for the respondent/State opposed the prayer but he could not dispute the factum of parity with the co-accused Uday Singh Kushwaha.