DILIP JATAV 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 16.09.2019, in connection with Crime No.84/2019, registered at Police Station Belgadha, District Gwalior for the offence punishable under Sections 342, 376 of IPC.

(2.) It is the submission of counsel for the applicant that false case has been registered against him. Applicant is in confinement since 16.09.2019. Apparently both the parties were in relationship much prior the marriage of prosecutrix and same continued. At best it is the case of detected adultery. No injury has been found over the person of prosecutrix and in the medical examination. Confinement since 16.09.2019 amounts to pretrial detention. He learnt the lesson hard way and he would mend his ways and would become a better citizen. He undertakes to cooperate in the investigation/trial and make himself available as and when required by the trial Court. He would not be a source of embarrassment and harassment to the prosecution witnesses in any manner. He further undertakes to do some community service. Under these grounds, he prayed for grant of bail to the applicant.

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