ANNU Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this second application under Section 439 of Cr.P.C. for grant of bail. First application of the application preferred vide M.Cr.C.No. 26550/2019 stood dismissed as withdrawn vide order dated 23/7/2019.

(2.) Applicant has been arrested on 27/5/2019 by Police Station Rawatpura, District Bhind in connection with Crime No. 42/2019 registered in relation to the offences punishable under Sections 363, 366- A, 376, 120-B of IPC and Section 3/4 of POCSO Act.

(3.) At the outset,learned counsel for the applicant submits that main accused are Mahendra, Suraj Singh, Lalla and Mithun, whose names have been referred in FIR as well as statement under Sections 161 and 164 of Cr.P.C. Name of the present applicant does not figure in FIR nor statement under Section 161 of Cr.P.C. First time, his name surfaced in statement under Section 164 of Cr.P.C, therefore, applicant has been falsely implicated. He is in confinement since 27/5/2019 and after the dismissal of first bail application on 23/7/2019, charge sheet has been filed on 25/7/2019. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in the trial and would not be a source of embarrassment or harassment to the prosecutrix or her family members. He further undertakes to perform some community services to purge his misdeeds.