ASHU SHIVHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this second application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 24-06-2019, in connection with Crime No.211/2019, registered at Police Station Gohad, District Bhind for the offence punishable under Sections 376, 450, 506 of IPC. His earlier bail application was dismissed as withdrawn.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him. On the basis of false allegations, he is in confinement since 24-06-2019. Charge-sheet has already been filed. It is further submitted that prosecution has raised an improbable story. It is highly improbable that father-in-law and other relatives who lived in the vicinity could not reach the spot when she screamed for help. Confinement since 24-06-2019 amounts to pre-trial detention. He undertakes to cooperate in trial and to appear before the trial court as and when required and further undertakes that he would not be a source of harassment and embarrassment to the prosecutrix and her family members in any manner and would not move in the vicinity of prosecutrix and intends to do some community service. Thus, prayed for bail.

(3.) Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of this application.