MANOJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this SECOND bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 13/5/2022, by Police Station- Pandokhar, District- Datia, in connection with Crime No.91/2022, for the offence punishable under Sec. 450, 376, 323, 457 of the IPC.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant and applicant is suffering confinement since 13/5/2022 whereas material prosecution witnesses (prosecutrix) have been examined, therefore, chance of tampering with the evidence/witnesses is remote. It is further submitted that applicant suffered incarceration on false pretext. Prosecution story indicates an improbable event. Medical report belies the allegations. Confinement amounts to pretrial detention specially when applicant does not bear any criminal record. 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. Under these grounds, counsel prayed for bail.

(3.) Learned Public Prosecutor for the State opposed the prayer and prayed for its dismissal.