ABHISHEK MALVIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail, who has been in judicial custody since 27/5/2022 in connection with Crime No.119/2022 registered at Police Station-Sukhi Sevania, District-Bhopal for the offences punishable under Ss. 363, 366, 376(2)(N) of IPC and Sec. 3(1)(w), 3(2)(v) of Scheduled Caste and Scheduled Tribes Act.

(2.) I t is the submission of learned counsel for the applicant that he is suffering confinement since 27/5/2022 and material prosecution witnesses including the prosecutrix have been examined. They did not support the story of prosecution and declared hostile, therefore, chance of tampering with evidence/witnesses is remote. It is further submitted that it is the case of false implication and dispute erupted because of fact that prosecutrix being scolded by her brother. The applicant does not bear any criminal record. Confinement amounts to pre-trial detention. He undertakes to cooperate in trial and would make himself available as and when required. The applicant would not be a source of embarrassment and harassment to the complainant party. Under these grounds, he prayed for bail.

(3.) Learned Government Advocate for the State opposed the prayer and prayed for its dismissal.