GAUTAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application under Section 439 of Cr.P.C. on behalf of the applicant, who is in custody since 12.10.2019 in connection with Crime No.286/2019 registered at Police Station Lahar, District Bhind for the offence punishable under Sections 363, 366, 366-A, 376 of IPC and Section 5/6 of POCSO Act.

(2.) It is the submission of the learned counsel for the applicant that a false case has been registered against the applicant. He is suffering confinement since 12.10.2019. Name of the applicant does not figure in FIR but later on incorporated in the statements under Section 164 of Cr.P.C. Even otherwise no reference of rape is attributable over the applicant. Confinement since 12.10.2019 amounts to pre-trial detention. He undertakes to cooperate in trial/investigation 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.

(3.) Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for its dismissal.