Madhya Pradesh High Court
Pramod Yadav vs The State Of Madhya Pradesh on 16 June, 2014
M. Cr. C. No. 8036/2014.
1
16/06/2014
Shri Shashank Trivedi, learned counsel for the
applicant/accused.
Shri Sameer Chile, Public Prosecutor for the
respondents/State.
Case diary is not available.
Heard arguments of both the parties.
This is first bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail in connection with crime No. 279/2014 (ST No. 496/2014) Police Station Hanumanganj, District-Bhopal, offence punishable under Sections 363, 366, 376 of IPC and 5/6 of the Protection of the Children from Sexual Offences Act, 2012.
Learned counsel for applicant submits that the applicant/ accused has been falsely implicated in this case as the statement of prosecutrix was got recorded by the prosecution under Section 164 of Cr.P.C. on 04/04/2014 before the Court of Judicial Magistrate, First Class, Bhopal wherein the prosecutrix has denied all the contents which are alleged against the applicant/accused. On the aforesaid ground learned counsel for applicant prays for grant of bail.
Learned Public Prosecutor opposed the bail application and prays for rejection of the same.
Copy of statement of prosecutrix dated 04/04/2014 recorded under Section 164 of Cr.P.C. by the Judicial Magistrate, First Class, Bhopal has been produced on record, on perusal of which it becomes clear that the prosecutrix has not supported the allegations made by prosecution against the applicant/ accused.
Considering the statement of the prosecution, this court deem it fit to grant of bail to the applicant/ accused. Hence allowing the application it is ordered that the M. Cr. C. No. 8036/2014.
2applicant/ accused be released on bail on his furnishing a bond in sum of Rs. 25,000/- (Rupees Twenty Five thousand) with one surety bond of the same amount to the satisfaction of the trial court, for his appearance before the trial court on the dates given by the concerned Court.
Certified copy as per rules.
(M.K. Mudgal) Judge AKM