BHAGWAN SINGH SEHARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this third bail application u/S.439 Cr.P.C. for grant of bail. Applicant has been arrested on 24/12/2021 by Police Station Myana, District Guna in connection with Crime No.333/2021 registered for offence punishable under Ss. 363, 366-A, 376(2)N of IPC and Sec. 5L/6 POCSO Act.

(2.) It is the submission of learned counsel for the applicant that applicant is suffering confinement since 24/12/2021 and material prosecution witnesses including prosecutrix and her father have been examined therefore, chance of tampering with evidence/witnesses is remote. Story indicates prima facie consensual nature of relationship shared by the two. Confinement since 24/12/2021 amounts to pretrial detention. He undertakes to cooperate in trial. He further undertakes not to cause any embarrassment and harassment to the complainant party in any manner and shall not move in their vicinity. Looking to the period of custody, he prayed for bail.

(3.) Learned Public Prosecutor opposed the prayer and prayed for dismissal of this application.