Rakku @ Rakesh Yadav Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1047473
CourtMadhya Pradesh High Court
Decided OnApr-02-2013
AppellantRakku @ Rakesh Yadav
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.2333/2013 2.4.2013 shri a usmani, counsel for the applicant(s).shri c.k.mishra, ga, for the respondent/state. heard. the applicants are in custody since 6.10.2012 in connection with crime no.274/2012 registered at p.s.barela, ajak, district jabalpur for the offence punishable under sections 302, 34 of ipc and section 3(2)(v) of sc/st (prevention of atrocities) act. learned counsel for the applicants submits that the applicants have been falsely implicated in this case. learned counsel further submits that during trial material witnesses like bablibai, wife of the deceased, lavkush, jamuna sen and shankarlal choudhary have not supported the prosecution case. the applicants are in jail and trial would take considerable time to conclude finally, therefore, prays for grant of bail to applicants. 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 applicants. the application is allowed. it is directed that applicants shall be released on bail on their each furnishing a personal bond in the sum of rs.30,000/- (rupees thirty thousand) with a solvent surety in the like amount to the satisfaction of the committal court/trial court concerned, for their 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
Judgment:

M.Cr.C.No.2333/2013 2.4.2013 Shri A Usmani, counsel for the applicant(s).Shri C.K.Mishra, GA, for the respondent/State.

Heard.

The applicants are in custody since 6.10.2012 in connection with Crime No.274/2012 registered at P.S.Barela, AJAK, District Jabalpur for the offence punishable under Sections 302, 34 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act.

Learned counsel for the applicants submits that the applicants have been falsely implicated in this case.

Learned counsel further submits that during trial material witnesses like Bablibai, wife of the deceased, Lavkush, Jamuna Sen and Shankarlal Choudhary have not supported the prosecution case.

The applicants are in jail and trial would take considerable time to conclude finally, therefore, prays for grant of bail to applicants.

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 applicants.

The application is allowed.

It is directed that applicants shall be released on bail on their each furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand) with a solvent surety in the like amount to the satisfaction of the Committal Court/Trial Court concerned, for their 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