Madhya Pradesh High Court
Prakash Patel vs The State Of Madhya Pradesh Judgement ... on 8 May, 2014
M.Cr.C. No. 5643/2014
08.05.2014
Shri Manish Datt, Sr. Advocate with Shri Rajesh Tiwari,
Advocate for the applicant.
Ms. A. Gyanani, P.L. for the respondent/State.
Heard finally.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 20.03.2014 in connection with Crime No.90/2014 registered at P.S.Bhalumada, District Anooppur for the offence punishable under Sections 376, 506-B, 342, 354(c)(d) of the I.P.C. and Section 66 of the I.T. Act.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case. As per prosecution, it is a case of belated FIR of about two years. As per prosecution itself, the first incident of intercourse took place in the month of July in the year 2012. Prosecutrix was more than 18 years of age, she was consenting party to the intercourse. As far as obscene photographs are concerned, nothing has been seized from the possession of the applicant. Charge sheet has already been filed. The trial would take considerable time to conclude and, therefore, it is prayed that the applicant be released on bail.
Learned counsel for the State has opposed the application.
On due consideration of the contention made by the learned counsel for the parties and over all facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 35,000/- (Rs. Thirty Five Thousand only) with one 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.
Certified copy as per rules.
(G.S.Solanki) Judge gn