Full Judgment
M.Cr.C.No.1261/2013 3/04/2013 Shri Manish Awasthi, Advocate for the applicant.
Shri R.K.Kesharwani, PL for the respondent/State.
Heard finally.
This is the fiRs.application filed by applicant under Section 439 of the Cr.P.C for grant of bail.
Applicant has been arrested on 11/1/13 in connection with Crime No.125/12 registered at P.S.Tendukhera, District Damoh for the offence punishable under sections 376, 341, 506 of IPC.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case.
As per prosecution itself it is alleged against this applicant that he was involved in sexual intercouRs.with prosecutrix since three months.
It is further submitted it is a case of consent and due to some dispute, prosecutrix has lodged a false and concocted report against this applicant.
Charge sheet has already been filed and 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 Bantu @ Omprakash shall be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- (Rs.Twenty Five 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