Vikki Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1041824
CourtMadhya Pradesh High Court
Decided OnMar-13-2013
AppellantVikki
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.1687/2013 13.3.2013 shri p.k.mishra, advocate for the applicant. shri chandrakant mishra, pl 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 22.1.2013 in connection with crime no.533/2012 registered at p.s.waraseoni for the offence punishable under sections 341, 294, 506(b).323, 325, 329 of the ipc. learned counsel for the applicant submits that the applicant has been falsely implicated in this case. initially, the offence under section 341”506. b).323, 325 has been registered against the applicant, however, at the time of filing of chalan, learned jmfc found that offence under section 329 of the ipc is made out against the applicant. the applicant and prosecutrix performed marriage and were living happily, thereafter, the prosecutrix lodged false report against the applicant. 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, nature of allegation against the applicant 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
Judgment:

M.Cr.C.No.1687/2013 13.3.2013 Shri P.K.Mishra, Advocate for the applicant.

Shri Chandrakant Mishra, PL 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 22.1.2013 in connection with Crime No.533/2012 registered at P.S.Waraseoni for the offence punishable under sections 341, 294, 506(B).323, 325, 329 of the IPC.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case.

Initially, the offence under Section 341”

506. B).323, 325 has been registered against the applicant, however, at the time of filing of chalan, learned JMFC found that offence under Section 329 of the IPC is made out against the applicant.

The applicant and prosecutrix performed marriage and were living happily, thereafter, the prosecutrix lodged false report against the applicant.

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, nature of allegation against the applicant 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