Full Judgment
1.8.2012 Shri Pradeep Naveria, Advocate for the applicant.
Shri Akhilendra Singh, GA for the State.
This is the fiRs.bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail.
The applicant is in custody since 13.4.2012 in connection with Crime No.29/2012 registered at P.S.Kumhari, District Damoh for the offence punishable under section 376 of the IPC.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case.
The prosecutrix was a consenting party.
She is a major lady.
Challan has already been filed.
The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.
Learned counsel for State has opposed the application.
On due consideration of the contention raised by the learned counsel for the parties, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed and it is directed that applicant 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 the 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 PB