BRAJESH Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first application under Section 438 of Cr.P.C for grant of bail, who is apprehending his arrest in connection with Crime No. 227/2019 registered at police station Bagchini, District Morena for the offence punishable under Sections 376, 366, 363, 506, 34 of IPC.

(2.) It is the submission of learned counsel for the applicant that the applicant is apprehending his arrest on the basis of false case registered against him. Initially, missing person report had been lodged by the husband of prosecutrix. Later on, she was recovered and she made statement under Section 161 of Cr.P.C. in which name of the applicant has not been referred. Police filed closure report in the matter. Later on, after almost a month another complaint has been filed in respect of same incident (dated 11.09.2019) and FIR has been registered against the present applicant referring of name of applicant which is an after thought just to implicate him. Confinement would bring him social disrepute and personal inconvenience. He undertakes to cooperate in the trial as well as in the investigation and would make himself available as and when required. He further submits that he would not be a source of embarrassment and harassment to the complainant in any manner. Learned counsel further submits that the applicant intends to perform some community service. Therefore, applicant prayed for grant of anticipatory bail.

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