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2019 Supreme(MP) 328

ANAND PATHAK
Deepak Pal – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
Ms. Smrati Sharma for applicant; J. P. Sharma, Panel Lawyer for respondent/State.

ORDER

1. This is first bail application under section 439 of CrPC on behalf of the applicant, who is in custody since 25.7.2019 in connection with Crime No. 185/2019 registered at Police Station Dehat, District-Shivpuri for the offence punishable under sections 363, 366, 376 of IPC r/w section 3/4 of POCSO Act.

2. It is the submission of learned counsel for the applicant that a false case has been registered against him. Narration of story indicates consensual nature of relationship shared by the parties. It appears that both the parties have solemnized marriage and now they are living as married couple. Confinement since 25.7.2019 amounts to pre trial detention. Applicant undertakes to cooperate in the investigation as well as trial and would make himself available as and when required. He would not be a source of embarrassment and harassment to the complainant /prosecutrix in any manner. He further undertakes to do some community service. Under these circumstances, he prayed for grant of bail.

3. Learned Panel Lawyer for the respondent-state opposed the prayer and prayed for its dismissal.

4. Heard the learned counsel for the parties and perused the case diary.

5. Considering the

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