Full Judgment
M.Cr.C.No.794/2013 5.3.2013 Shri Prabhakar Singh, Advocate for the applicant.
Shri Chandrakant Mishra, 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 4.10.2012 in connection with Crime No.305/2012 registered at P.S.Mauganj, District Rewa for the offence punishable under sections 363, 366, 376 of the IPC read with Sections 3(1)(x).3(1)(xii).3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case.
The age of the prosecutrix is marginal to 16 yeaRs.She is an illiterate lady.
Nothing is on record to show that she is below 16 years of age.
She had gone with the applicant with her free will.
Charge sheet has 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 and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the 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