ANIL Vs. STATE OF MADHYA PRADESH

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 11-08-2019, in connection with Crime No. 335/2019, registered at Police Station Madhoganj, District Gwalior for the offence punishable under Sections 366 and 376 of IPC.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him. Story of prosecution and statement under Section 164 of Cr.P.C. indicate nature of relationship shared by the parties. It appears that prosecutrix left her maternal/matrimonial home on her own volition and when relationship turn soured it has resulted in registration of offence. Confinement since 11-08-2019 amounts to pretrial detention. He undertakes to cooperate in investigation and trial and to appear before the investigating officer and trial court as and when required and further undertakes that he would not be a source of harassment and embarrassment to the prosecutrix and her family members in any manner and would not move in the vicinity of prosecutrix regarding maternal and matrimonial home and intents to do some community service. Thus, prayed for bail.

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