Madhya Pradesh High Court
Hemant Vishwakarma vs The State Of Madhya Pradesh on 28 November, 2016
MCRC-19548-2016
(HEMANT VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)
28-11-2016
Shri Om Shankar Pandey, learned counsel for the petitioner.
Shri A K. Singh, P.L. for the respondent /State.
This is first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail, who has been arrested on 20/10/2016 in connection with Crime No.361/2014 registered by Police Station -Patan, District Jabalpur (MP) for the offences punishable under Section 376, 363, 506 of IPC and section 3, 4 of POSCO Act.
As per the prosecution case, it is alleged that applicant committed rape with the prosecutrix and at the time of incident the prosecutrix was below 18 years of age.
Learned counsel for the applicant submits that applicant is in custody since 20/10/2016 and charge sheet has been filed and trial will take considerable time in disposal of the case. It is also submitted that complainant was residing with the applicant and they have a child. Hence, applicant be released on bail. Learned Panel Lawyer opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application. Looking to the facts and circumstances of the case but without commenting anything on the merits of the case, this application is allowed. It is ordered that the applicant Hemant Vishwakarma be released on bail on his furnishing a personal bond for the sum of Rs.40,000/- (Rs. Fourty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
Certified copy as per rules.
(J. P. GUPTA) JUDGE tarun