LAWS(MPH)-2019-10-186

RAMKHILAWAN ALIAS LALLA Vs. STATE OF M.P.

Decided On October 04, 2019
Ramkhilawan Alias Lalla Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This is first bail application under Section 439 of Cr.P.C. on behalf of the applicant, who is in custody since 28/8/2019 in connection with Crime No.218/2016 registered at Police Station Kotwali, District-Datia for the offence punishable under Sections 363 , 366 of IPC and Section 3/4 of POCSO Act.

(2.) It is the submission of learned counsel for the applicant that case is of false implication. At best the case is of consent. Prosecutrix left her maternal home on her own volition. Statement of prosecutrix recorded under Section 164 of Cr.P.C. is non-implicative in nature. Confinement since 28/8/2019 amounts to pretrial detention. He undertakes to cooperate in the investigation as well as trial and keep himself available as and when required by the trial Court. He further undertakes not to move in the vicinity of the complainant party and would not be a source of harassment and embarrassment to the complainant in any manner and to do some community service as directed by this Court. He prayed for grant of bail.

(3.) Learned PP for the respondent-state opposed the prayer and prayed for its dismissal.