LOKESH VISHWAKARMA 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 10-06-2019, in connection with Crime No. 287/2019, registered at Police Station Kotwali District Vidisha, for the offence punishable under Sections 376 and 506 of IPC.

(2.) It is submitted by learned counsel for the applicant that the case is of false implication which is reflected from the statement of prosecutrix. Dichotomy of statements recorded under Section 161 and 164 of Cr.P.C. further accentuate the allegation of false implication. She went to the house of the applicant on her own volition. Earlier she alleged commission of offence of rape which she converted into attempt to rape her. Confinement since 10-06-2019 amounts to pretrial detention. He undertakes to cooperate in the investigation and trial and to appear before the trial court as and when required and would not be source of harassment and embarrassment to the complainant party in any manner. He further undertakes to do some community services to purge himself out of the guilt. Thus, prayed for bail.

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