KALLA 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, who has been arrested and is in custody since 28.03.2019, in connection with Crime No.36/2019, registered at Police Station Rithora, District Morena for the offence punishable under Sections 376 and 506 of IPC. His earlier two bail applications were dismissed as withdrawn by this Court.

(2.) It is the submission of counsel for the applicant that applicant aged about 68 years is suffering incarceration since 28.03.2019 and found physically and mentally very challenged. So far as confinement is concerned, because of nature of allegation as the case is of false implication. Prosecutrix is daughter-in-law of applicant has filed the complaint just to exert pressure over the applicant for partition of ancestral property because son of applicant (husband of prosecutrix) passed away two years back due to electrocution. Charge-sheet has already been filed. Confinement since 28.01.2019 amounts to pretrial detention. He learnt the lesson hard way and he would mend his ways and would become a better citizen. He undertakes to cooperate in the investigation/trial and make himself available as and when required by the trial Court. He would not be a source of embarrassment and harassment to the prosecution witnesses in any manner. He further undertakes to do some community service. Under these grounds, he prayed for grant of bail to the applicant.

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