NEERAJ 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 07.10.2019, in connection with Crime No.191/2019, registered at Police Station Ishagarh, District Ashoknagar, for the offence punishable under Sections 363, 376(2)(N) of IPC and Section 5 (L/6) of POCSO Act.

(2.) It is the submission of counsel for the applicant that false case registered against the him and he is in confinement since 07.10.2019. Statements recorded under Sections 161 as well as 164 of Cr.P.C. of prosecutrix indicates consentual nature of relationship and it appears that prosecutrix left her maternal home on her own volition. 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 complainant party/ 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.