Madhya Pradesh High Court
Rambahadur Sen vs The State Of Madhya Pradesh on 11 August, 2010
M.Cr.C. No.7146/2010
11/08/2010
Shri Prabhakar Singh, Advocate for the
applicant.
Shri R.N.Yadav, Panel Lawyer for the
respondent-State.
Heard on IA No.12839/2010, an application for urgent hearing.
Since the case diary is available, the application is allowed.
Also heard both the parties.
Applicant is in custody in connection with Crime No.155/2010 registered at Police Station Mauganj District Rewa for the offence punishable under Sections 363, 366, 376 (2)(g) of IPC, since 24/6/2010.
Learned counsel for the applicant submits that the applicant is a young youth of 24 years of age, who has no criminal past. The prosecutrix was above 18 years of age at the time of incident. She herself left her house and afterwards made omnibus allegation against the applicant and co- accused. There was no either external or internal injury found on the body of the prosecutrix and it seems that she was a consenting party. Looking to the custody period, he prays for bail.
Learned Panel Lawyer for the State opposes the application.
After hearing aforesaid arguments and looking to the custody period of the applicant, without expressing any view on the merits of the case, I am of the opinion that this is a fit case in which bail may be granted to the applicant Rambahadur Sen.
Therefore, the application of the present applicant under Section 439 Cr.P.C is hereby allowed. He be released on bail on furnishing a bond in sum of Rs.35,000/- (Rupees thirty five thousand) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the committal Court and the trial Court on the dates given by the concerned Court.
Certified copy as per rules.
(N.K.Gupta) Judge Ansari