RAHUL KAUSHAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first application under Section 438 of Cr.P.C for grant of bail, who is apprehending his arrest for the offence registered at Crime No.563/2019 at Police Station Dabra, District Gwalior punishable under Sections 376, 376(2)(n) and 506 of IPC.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is apprehending his arrest on the basis of offence referred above. At the very outset, learned counsel for the applicant submits that the applicant intends to marry the prosecutrix but after becoming Police Constable in the Police department, she herself severed the relationship. The applicant intends to marry her and for last three years they shared live-in-relationship. In support of his submissions, learned counsel for the applicant placed reliance of judgments of Apex Court in the case of Dr. Dhruvaram Murlidhar Sonar v. State of Maharastra reported in AIR (2019) SC 327 and in the case of Pramod Suryabhan Pawar v. State of Maharastra reported in AIR (2019) SC 4010. Confinement would bring social disrepute and personal inconvenience. He undertakes to cooperate in the trial as well as in the investigation and would make himself available as and when required. He further submits that he would not be a source of embarrassment and harassment to the complainant in any manner. Learned counsel further submits that the applicant intends to perform some community service. Therefore, applicant prayed for grant of anticipatory bail.

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