SAGAR KUSHWAHA 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.234/2019, registered at Police Station Narwar, District Shivpuri for the offence punishable under Sections 342, 363, 366, 376(2)(N) of IPC and 5(L)/6 POCSO Act.

(2.) It is the submission of counsel for the applicant that false case has been registered against him. Applicant is in confinement since 07.10.2019 of false pretext. The allegations indicate consensual nature of relationship and both were in relationship. Learned counsel for the applicant referred certain documents in which parents of the prosecutrix are ready to marry the prosecutrix and present applicant, once she attained majority. Confinement since 07.10.2019 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.