FAEEM KHAN MANSOORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 10-08-2019 in connection with Crime No. 388/2019 registered at Police Station Kotwali District Datia for the offence punishable under Section 376 of IPC.

(2.) It is the submission of learned counsel for the applicant that a false case has been registered against him whereas the applicant and prosecutrix wanted to marry and therefore, they made an application before the Additional District Magistrate (ADM), Datia and objections were invited. On the objections of brother of prosecutrix, proceedings were undertaken by the ADM. He referred notification dated 29-06-2019 issued by the ADM, Datia about the marriage to be performed by the parties. Confinement since 10-08-2019 amounts to pretrial detention. He undertakes to cooperate in investigation and trial, would make himself available on the dates fixed by the trial Court and investigating officer and perform some community service. He further undertakes that he would not move in the vicinity of the complainant party and would not be source of embarrassment and harassment to the complainant party in any manner. He prayed for grant of bail.

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