Madhya Pradesh High Court
Radhe @ Radheshyam Yadav vs The State Of Madhya Pradesh on 25 January, 2017
MCRC-122-2017
(RADHE @ RADHESHYAM YADAV Vs THE STATE OF MADHYA PRADESH)
25-01-2017
Shri Manish Gavane, Counsel for the applicant.
Shri Amod Gupta, learned Panel Lawyer for the Respondent/State.
Heard and perused the case diary.
This is the first bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.695/2016, registered at Police Station Chourai, District Chhindwara, for the offence under Sections 450 & 376 of the IPC.
As per the prosecution story, the allegation against the applicant- accused is that he committed rape with the prosecutrix who is deaf, dumb and partially blind.
Learned counsel for the applicant-accused submits that the applicant is an innocent person and he is falsely implicated in this case on the basis of suspicion. No identification has been conducted to show the involvement of the applicant. The applicant is in custody since 18.10.2016. Charge-sheet has been filed. Trial will take time to conclude. The applicant-accused is not likely to be absconded. Hence, he prays that the applicant-accused be enlarged on bail. Learned Panel Lawyer appearing for the respondent/State opposed the bail application.
Having considered the contention of the learned counsel for the parties and on perusal of the record, this application is allowed. It is ordered that that the applicant/accused Radhe @ Radheshyam Yadav be released on bail on his furnishing a personal bond for the sum of Rs.40,000/- (Rs. Forty 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 vj