INDRESH LODHI Vs. STATE OF M.P.

JUDGEMENT

(1.) This is second application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 21/01/2019 in connection with Crime No.540/2018 registered at Police Station Pichore, District-Shivpuri for the offence punishable under Sections 323, 376 and 450 of IPC. First application was dismissed as withdrawn vide order dated 08/05/2019.

(2.) It is the submission of learned counsel for the applicant that a false case has been registered against the applicant. Court statements of the prosectrix has been completed therefore, chance of tempering with the prosecution evidence is remote. It is further submitted that injuries as narrated in the statement by the prosecutrix are not corroborated by the medical opinion. He candidly submits that prosecutrix has married to someone else recently and as a responsible citizen, he understands his duties and he would not be a source of embarrassment or harassment or would not trouble the prosecutrix and her family life in future. Confinement since 21/01/2019 amounts to pre trial detention. He undertakes to cooperate in the investigation and trial and would make himself in the available as and when required. He also expressed his willingness to do some community service by planting five saplings in his vicinity. He prayed for grant of bail.

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