(1.) This is first application under Section 438 of Cr.P.C. filed on behalf of the applicant. Applicant is apprehending his arrest in connection with Crime No.265/2019 registered at Police Station Vishwavidhyalaya, Gwalior for the offence punishable under Section 376-D and 506 of IPC.
(2.) It is the submission of learned counsel for the applicant that he is apprehending his arrest on the basis of registration of a false case against him. Initially, an FIR was registered against the co-accused Devendra Soni and Vikas Soni. Name of the present applicant did not figure in the FIR. Even in the statement made under Sections 161 and 164 of Cr.P.C., prosecutrix nowhere referred the name of present applicant but in supplementary statement, name of the applicant figured for the first time which indicates the nature of allegations.
(3.) Main accused Vikas Soni is still behind the bar. No allegation in respect of commission of offence under Section 376 of IPC is attributable. He undertakes to cooperate in the investigation as well as trial and would make himself available as and when required. He further undertakes to do some community service. Under these circumstances, he prayed for grant of anticipatory bail.