Full Judgment
M.Cr.C.No.2013/2013 20.3.2013 Shri Sandeep Shukla, counsel for the applicant.
Shri R.K.Kesharwani, PL, for the State.
Heard.
This is an application under Section 439 of Cr.P.C.The applicant is in custody since 27.7.2012 in connection with Crime No.193/2012 registered at Police Station Semariya, District Bhopal for offence punishable under Sections 363, 366, 376/34 of IPC.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case.
Prosecutrix Rajwati had gone with the applicant on her own will.
She lived with him for about 9 days.
She is more than 16 years of age, therefore no case is made out against this applicant for an offence punishable under Section 376 of IPC.
Trial would take considerable time for its conclusion, therefore, prays for grant of bail to applicant.
Learned counsel for the State opposes the prayer.
On due consideration of the contentions raised by the counsel for the parties along with facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that it is a fit case for grant of bail to the applicant.
The application is allowed.
It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees thirty five thousand) with a solvent surety in the like amount to the satisfaction of the Committal Court/Trial Court concerned, for his appearance before the said Court and on all such other dates as given in this regard by the said Court during trial.
C.C.as per rules.
(G.S.Solanki) ravi JUDGE