Full Judgment
M.Cr.C.No.2322/2013 10/04/2013 Shri B.R.Koshta , Advocate for the applicants.
Shri A.K.Singh, GA for the respondent/State.
At the outset, learned counsel for applicants prays for withdrawal of application in respect of applicant no.2 Sewaram.
Prayer allowed.
The application in respect of applicant Sewaram is hereby dismissed as withdrawn.
Heard finally on behalf of applicant no.1 Nagoolal.
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 29/12/2012 in connection with Crime No.222/12 registered at P.S.Umreth, District Chhindwara for the offence punishable under sections 363, 366, 368, 372, 373, 344, 366-A, 376, 34 of IPC.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case.
It is further submitted that during trial prosecutrix herself stated in her examination-in-chief that the person who present in the Court named as Nagoolal was not the person who committed rape on her.
Despite this fact prosecution has not declared her hostile.
This statement is binding on the prosecution therefore, he prays for grant of 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 No.1 Nagoolal, 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 in respect of applicant no.1 is allowed and it is directed that applicant Nagoolal 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