RINKU @ RAJ CHAUHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This is third application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 14.07.2018, in connection with Crime No.536/2018, registered at Police Station Bahodapur, District-Gwalior, for the offence under Sections 363, 366, 376 of IPC and Section 5L/6, 3/4 of Protection of Children from Sexual Offences Act. Earlier bail applications were dismissed vide orders dated 02.11.2018 and 05.12.2018 passed in M.Cr.C. Nos. 43974/2018 and 46519/2018 respectively.

(2.) It is submission of learned counsel for the applicant that on the basis of registration of false case at the instance of complainant party, he is in confinement since 14.07.2018. Statements of prosecutrix and her mother have been completed in February, 2019 besides other material witnesses and trial is at its fag end. Even otherwise, contents of FIR, statement recorded under Section 164 of Cr.P.C. and Court statement indicate contradictions. He undertakes to cooperate in the trial and would not be a source of embarrassment and harassment to the complainant party in any manner in future. He undertakes to do community service also if enlarged on bail. Confinement amounts to pre trial detention. He does not bear any criminal record.

(3.) Learned Public Prosecutor for the respondent/State opposed the prayer. Heard the learned counsel for the parties and perused the case diary.