SUNITA JOSHI Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants have filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicants have been arrested on 9/7/2020 by Police Station Kadvayha, District Ashoknagar, in connection with Crime No.94/2020 for the offence punishable under Sections 363 , 366-A , 376 , 120-B of IPC and 5/6 of POCSO Act.

(2.) It is the submission of learned counsel for the applicants that false case has been registered against the applicants and they are suffering confinement since 9/7/2020. It is further submitted that allegation of rape is not attributable over the applicants. They were instrumental in giving shelter to the eloping couple, same is reflected through the statement of prosecutrix recorded under Section 164 of Cr.P.C. Confinement since 9/7/2020 amounts to pretrial detention. They undertake to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party, in any manner. They further undertake 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, they intend to serve the Nation by contributing their part by installing Arogya Setu App, in case bail is granted.

(3.) Counsel for the State opposed the prayer and prayed for dismissal of the bail application.