RAGHVENDRA JATAV 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 10/1/2022 by Police Station Amola, District Shivpuri, in connection with Crime No.209/2021 registered for offence punishable under Ss. 354, 452, 323, 294, 506, 34 and 376 of IPC.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 10/1/2022 whereas charge-sheet has already been filed. Initially case was registered for offence under Sec. 354 of IPC and Statement under Sec. 161 of the Cr.P.C. was recorded. Later on, in statement under Sec. 164 of the Cr.P.C., allegations of offence of rape has been levelled against the applicant. Medical report belies the allegations and therefore, story indicates an improbable event. Applicant is Sarpanch and due to some dispute present case has been registered. Even otherwise, allegation of rape is not attributable over the present applicant. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment to the complainant. He would not move in the vicinity of complainant party. Under these grounds, he prayed for bail.

(3.) Counsel for the State opposed the prayer and prayed for dismissal of this application.