KALPANA 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 08.12.2019, in connection with Crime No.616/2019, registered at Police Station Thatipur, District Gwalior (MP), for the offence punishable under Sections 376, 354, 323, 294, 506, 511, 34 of IPC.

(2.) It is the submission of counsel for the applicant that the false case has been registered against her and she is suffering confinement since 08.12.2019. The statement of prosecutrix recorded under Section 164 of Cr.P.C. which is not implicative qua the present applicant. No offence is attributable in respect of rape under Section 376 of IPC over the applicant. Confinement amounts to pretrial detention. She undertakes to cooperate in the investigation/trial and make herself available as and when required by the trial court. She would not be a source of embarrassment and harassment to the prosecution witnesses in any manner. She further undertakes to do some community service. Under these grounds, she prayed for grant of bail to the applicant.

(3.) Learned PP for the State opposed the prayer made by the applicant and rayed for dismissal of this application.Heard learned counsel for the parties and perused the case diary.