SUKHVEER KUSHWAHA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 17.08.2019, in connection with Crime No. 152/2019, registered at Police Station Indar, District Shivpuri, for the offence punishable under Section 354 of IPC and Section 7/8 of POCSO Act.

(2.) It is the submission of counsel for the applicant that the applicant is in confinement since 17.08.2019 on false pretext. He is not regular faculty in the school of prosecutrix and at the relevant date as well as date of incident i.e. 08.08.2019, prosecutrix remained absent. Even otherwise, she is in habit of constantly remained absent since her date of admission in July, 2019 in Class 9th. Due to political and electoral rivalry, false case has been registered against the applicant at the instance of one public representative from Kolaras. He undertake 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 Panel Lawyer for the State opposed the prayer made by the applicant and prayed for dismissal of this application.