Full Judgment
M.Cr.C.No.8938/2012 8/10/2012 Shri Mohd.
Ali, Advocate for the applicant.
Shri R.K.Kesharwani, PL for the respondent/State.
Heard finally.
This is the fiRs.bail application filed by applicant under Section 439 of the Cr.P.C for grant of bail.
The applicant has been arrested on 6/07/12 in connection with Crime No.48/12 registered at P.S.Adim Jati Kalyan Thana, Bahala, District Balaghat for the offence punishable under sections 363, 366 of IPC and section 3 (2) (5) of the SC/ST (Prevention of Atrocities) Act.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case.
He has no criminal past.
It is further submitted that nothing is alleged against this applicant in regard to commit rape on prosecutrix.
As per prosecution it is only alleged against him that he abducted the prosecutrix Someshwari.
It is submitted that prosecutrix Someshwari was in love with Mahesh who residing at Nasik and she went with this applicant up to the Nasik on her own accord.
Trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant.
Learned counsel for the State opposes the application.
Considering the overall facts and circumstances of the case alongwith the nature of allegation made against this applicant, I am of the considered view that it is a fit case to release him on bail.
Therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant Jageshwar shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- (Rs.Thirty Thousand only) with one surety in the like amount to the satisfaction of Committal Court/trial Court, for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S.SOLANKI) Judge navin