Madhya Pradesh High Court
Rajbahadur Singh Gond@ Bhaiya vs The State Of Madhya Pradesh on 15 September, 2014
M.Cr.C.No.13887/2014
M.Cr.C.No.13887/2014
15.9.2014 Shri R.P.Singh, Advocate for the applicant.
Shri Akhilendra Singh, G.A. for the State/
respondent.
Heard the learned counsel for the parties. The applicant is in custody since 25.6.2014 relating to crime No.212/2014 registered at Police Station Manpur, District Umariya for offence punishable under Sections 366, 376 (Dha) of IPC.
Learned counsel for the applicant submits that the applicant is a youth of 22 years of age, who has no criminal past alleged against him. The prosecutrix is shown to be 20 years of age. She had alleged against the applicant that he was constantly harassing her sexually with the assurance of marriage. However, it would be apparent that either the prosecutrix was a consenting party or the applicant is falsely implicated in the matter. No alleged offence is made out against the applicant. The applicant is in custody since 25.6.2014, without any substantial reason. Under such circumstances, the applicant prays for bail.
Learned G.A. for the State opposes the application.
Considering the submissions made by learned counsel for the parties, looking to the facts and M.Cr.C.No.13887/2014 circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant viz. Rajbahadur Singh Gond @ Bhaiya may be accepted. Consequently it is hereby allowed.
It is directed that the present applicant 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 CJM Umariya, to appear before the committal Court and trial Court on the dates given by the concerned Courts.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(N.K.GUPTA) JUDGE Pushpendra