DINESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application under Section 439 of Cr.P.C. on behalf of the applicant, who is in custody since 28.06.2019 in connection with Crime No.299/2019 registered at Police Station Jhansi Road, District Gwalior for the offence punishable under Section 376 of IPC and Section 3/4 of POCSO Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him. He is suffering confinement since 28.06.2019.

(3.) Charge-sheet has already been filed. He referred the Court statement of prosecutrix (P.W.1), wherein she was declared hostile and did not support the prosecution story. Father of the prosecutrix, Bhupendra Solanki (P.W.2) also treaded on the same path. Chance of tampering with the witnesses/evidence is remote. Confinement since 28.06.2019 amounts to pretrial detention. He undertakes to cooperate in trial and to appear before the trial court as and when required and further undertakes that he would not be a source of harassment and embarrassment to the complainant party and would not move in the vicinity of complainant party and intends to do some community service. On all these grounds, he prayed for bail.