VIKRAM 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 23.07.2019, in connection with Crime No.93/2019, registered at Police Station Hedargarh, District Vidisha, for the offence punishable under Sections 363, 366, 376(2)(N) of IPC and Section 6 of POCSO Act.

(2.) It is the submission of counsel for the applicant that on the pretext of false case registered against the applicant, he is in confinement since 23.07.2019. Prosecutrix left her maternal home on her own volition and it is the matter of consent which has been ignored by the prosecution. Her statement recorded under Section 161 of Cr.P.C. and later on Court indicates the nature of relationship shared by the parties. Even otherwise, chance of tampering with the evidence/witness is remote. Confinement amounts to pretrial detention. He undertakes to cooperate in the investigation/trial and would make himself available as and when required. He would not be a source of embarrassment and harassment to the complainant.

(3.) He further undertakes to do some community service. Therefore, under these undertakings, the applicant may be given the benefit of bail.