Santosh Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1045620
CourtMadhya Pradesh High Court
Decided OnMar-18-2013
AppellantSantosh
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.2767/2013 18.3.2013 shri ashish sinha, advocate for the applicant. shri r.k.kesarwani, 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 4.2.2013 in connection with crime no.54/2013 registered at p.s.kotwali, district sehore for the offence punishable under sections 306/34 of the ipc and 7/8, 11/12 of the protection of children from sexual offences act, 2012. learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. ingredients of section 107 of the ipc have not been found against the applicant. the applicant is permanent resident of district sehore, there is no possibility of his absconding from justice. 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.25,000/- (rs.twenty five 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.2767/2013 18.3.2013 Shri Ashish Sinha, Advocate for the applicant.

Shri R.K.Kesarwani, 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 4.2.2013 in connection with Crime No.54/2013 registered at P.S.Kotwali, District Sehore for the offence punishable under sections 306/34 of the IPC and 7/8, 11/12 of the Protection of Children from Sexual Offences Act, 2012.

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

Ingredients of Section 107 of the IPC have not been found against the applicant.

The applicant is permanent resident of District Sehore, there is no possibility of his absconding from justice.

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.25,000/- (Rs.Twenty Five 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