DEEPAK Vs. STATE OF MADHYA PRADESH

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 21-07-2019, in connection with Crime No. 108/2019, registered at Police Station Badoda, District Sheopur for the offence punishable under Sections 363, 366, 376 of IPC and Sections 3/4 of the POCSO Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him and suffering confinement since 21-07-2019. Narration of story as reflected in the statements of prosecutrix recorded under Sections 161 and 164 of Cr.P.C. indicate consensual nature of relationship. She left her matrimonial house on her own volition. Confinement since 21-07-2019 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 in any manner and intents to do some community service. Thus, prayed for bail.

(3.) Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this application.