VICKY Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application under Section 439 of Cr.P.C. on behalf of the applicant who is in custody since 06.10.2019 in connection with Crime No.376/2019 registered at Police Station Purani Chhawani, District-District for the offence under Sections 363 and 366 of IPC and Section 7/8 of POCSO.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is in confinement since 06.10.2019. Charge-sheet is likely to be filed in a day from today. It is further submitted that statement of prosecutrix under Section 161 and 164 of Cr.P.C. are non-implicative in nature and it appears that she left her maternal home on her own volition and is a consenting party. According to the counsel for the applicant, prosecutrix is major. Confinement since 06.10.2019 amounts to pretrial detention. He undertakes to cooperate in the trial as well as in the investigation and would make himself available as and when required and would not be a source of embarrassment or harassment to the complainant party in any manner and would not move in the vicinity of complainant party. Applicant intends to perform some community service to purge himself out of the guilt felt by the applicant. On these grounds, he prayed for grant of bail to the applicant.

(3.) Learned counsel for the respondent-state opposed the prayer and prayed for its dismissal.