KULDEEP SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through Video Conferencing.

(2.) The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 23-07- 2019 by Police Station Dehat, District Bhind in connection with Crime No.681/2018 registered for offence punishable under Sections 363 , 366 , 366-A , 376(1) and 506(2) of IPC and Sections 3. read with Section 4 of the POCSO Act. His earlier bail application was dismissed as withdrawn.

(3.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 23-07-2019 whereas material prosecution witnesses including prosecutrix have made their respective statements before the trial Court. According to learned counsel for the applicant, it is a case of false implication because medical report nowhere support the case of prosecutrix who allegedly sustained injuries but medical report belies the same. It is further submitted that no video has been seized or available on record to indicate that any such picturization of intimacy was made viral through video. Confinement amounts to pretrial detention. Looking to the prevailing condition of COVID- 19, he seeks bail on sympathetic grounds also. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party, in any manner.. He further undertakes to abide by all the terms and conditions of guidelines, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Further looking to the situation of pandemic, he intends to serve the National cause by contributing in PMCARES Fund, in case bail is granted..