SATISH JATAV 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 14.10.2019, in connection with Crime No.534/2019, registered at Police Station Thatipur District Gwalior for the offence punishable under Section 376 of IPC.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him as a counter blast of a complaint registered by the applicant on which FIR was registered at Crime No.529/2019 at Police Station Thatipur, wherein applicant was brutally beaten by the friends/companions of husband of the prosecutrix and applicant sustained two fractures. Even the contents of FIR indicates that prosecutrix and applicant shared emotional and physical relationship. When same was detected by husband of prosecutrix then resulted into registration of offence against the applicant. Confinement since 14.10.2019 amounts to pre trial detention. Charge sheet is likely to be filed soon. He undertakes to cooperate in the trial as well as in the investigation and would make himself available as and when required. Learned counsel further submits that the applicant intends to perform some community service. Therefore, applicant prayed for grant of bail.

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