Judgment:
M.Cr.C.No.664/2013 5.3.2013 Shri Narendra Nikhare, counsel for the applicant.
Shri Pushpraj Singh, for the State.
Heard.
This is an application under Section 439 of Cr.P.C.The applicant is in custody since 10.10.2012 in connection with Crime No.105/2012 registered at Police Station Jaitpur District Shahdol for offence punishable under Sections 363, 366(k).376, 506 of IPC and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case.
Prosecutrix was a consenting party.
As per ossification test, the age of the prosecutrix is found below 16 yeaRs.Learned counsel submits that there is always margin of two years on both sides.
Prosecutrix had gone with the applicant, lived with him for long time thereafter, when she returned back to her parents home, she lodged a false and concocted report against the applicant.
Charge sheet has already been filed and 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.25,000/- (Rupees twenty 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