KARIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this third application under Section 439 of Cr.P.C for grant of bail, after rejection of earlier ones. First and second bail applications were dismissed as withdrawn vide orders dated 22.04.2019 and 05.08.2019 passed in M.Cr.C. Nos. 7120/2019 and 28130/2019 respectively.

(2.) The applicant has been arrested on 05.01.2019 by Police Station Shamshabad District Vidisha in connection with Crime No. 01/2019 registered in relation to the offence punishable under sections 363, 366, 376(2)(N), 5(1)(6) of IPC and Section 3/4 of Protection of Children From Sexual Offences Act.

(3.) It is the submission of learned counsel for the applicant that the applicant is facing wrath of implication on false pretext. He is in confinment since 05.01.2019. Prosecutrix and her mother in their court statements (Annexures P/2 and P/1 respectively) have not supported the story of prosecution and declared hostile. Chance of tempering with the evidence is remote. He undertakes to cooperate in the trial as well as in the investigation and would make himself available as and when required and would not be a source of embarrassment or harassment to the complainant party in any manner and would not move in the vicinity of complainant and her family. Learned counsel further submits that the applicant intends to perform some community service.