HARIBAHADDUR SINGH @ KARYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 18.10.2019, in connection with Crime No.322/2018, registered at Police Station Chachoda, District Guna (MP), for the offence punishable under Sections 363, 366, 376(2)(N) of IPC and Sections 5/6 of POCSO Act.

(2.) It is the submission of counsel for the applicant that the false case has been registered against him and he is suffering confinement since 18.10.2019. It is further submitted that statements recorded under Sections 161 and 164 of Cr.P.C. indicate the nature of relationship. Initially engagement solemnized for marriage of prosecutrix with the applicant. Later on, family of prosecutrix rescinded from the marriage, but prosecutrix still wanted to be with applicant, therefore, marriage was solemnized between them and she started living with the applicant. Under pressure of family members, she filed false case against the applicant. Confinement amounts to pretrial detention. He undertakes to cooperate in the investigation/trial and make himself available as and when required by the trial court. He would not be a source of embarrassment and harassment to the prosecution witnesses in any manner. He further undertakes to do some community service. Under these grounds, he prayed for grant of bail to the applicant.

(3.) Learned PL for the State opposed the prayer made by the applicant and prayed for dismissal of this application.