ANIL BATHAM Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this third application under Section 439 of Cr.P.C for grant of bail, after rejection of earlier ones. First and second bail applications were dismissed as withdrawn vide orders dated 15.02.2019 and 12.04.2019 passed in M.Cr.C. Nos. 4536/2019 and 14969/2019 respectively.

(2.) The applicant has been arrested on 01.01.2019 by Police Station Morar, District Gwalior in connection with Crime No. 833/2018 registered in relation to the offence punishable under sections 377, 506 of IPC and Section 3/4 of Protection of Children from Sexual Offences Act.

(3.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant. He is suffering confinement since 01.01.2019. The medical opinion nowhere suggests any sign of external injury or sign of any penetration as anal sphincter and anus is intact. Some of the witnesses have been examined and confinement since 01.01.2019 amounts to pre trial detention. In fact, the case was because of personal dispute shared by the parties because of the fact tat they shared neighbourhood. He was in service of Madhav Institute of Technology and Science, Gwalior, therefore, chance of his absconsion or tempering with the evidence is remote. 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. Learned counsel further submits that the applicant intends to perform some community service Therefore, prayed for bail.