KHOOB SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this third application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 14.04.2019, in connection with Crime No.158/2019, registered at Police Station Shamshabad, District Vidisha, for the offence punishable under Sections 376 , added Section 506 of IPC and Sections 5/6 of POCSO Act. His earlier bail applications were dismissed as withdrawn by this Court.

(2.) It is the submission of counsel for the applicant that the case is of false implication which is reflected form the Court statement of prosecutrix (PW-1) wherein she declared hostile and did not support the prosecution story. Brother of prosecutrix (PW-2) treaded on same path. Chance of tampering with the evidence is remote. He is in confinement since 14.04.2019. 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 would not move in the vicinity of complainant party. 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.