Madhya Pradesh High Court
Sandeep Kumar Pandey vs The State Of Madhya Pradesh on 10 December, 2014
Misc. Criminal Case No.18758/2014
10.12.2014:
Shri Arubendra Singh Parihar, Advocate for the
applicant.
Shri Umesh Pandey, Government Advocate for the
respondentState.
Heard on admission.
Admit.
Case diary is available.
With the consent of the parties the case is 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 in connection with Crime No.339/2014, registered at Police Station Amarpatan, District Satna, for the offences punishable under Sections 376 (1) of IPC, Section 3/4 of Protection of Children From Sexual Offences Act, 2012 and 3 (2) (v) of SC/ST (Prevention of Atrocities) Act.
Learned counsel for the applicant submits that he has falsely been implicated in the case. It is further submitted by the learned counsel for the applicant that there is a delay in lodging of FIR. The medical evidence do not support the prosecution case. The prosecutrix is aged 16 years and also she was a consenting party. The applicant is a young person and is in custody since 01.09.2014, having no past criminal antecedents. In view of the aforesaid, prayer is made to enlarge the applicant on bail.
On the other hand, learned Government Advocate for the State has vehemently opposed the application for grant of bail.
Looking to the facts and circumstances of the case, without expressing any view on merits of the case and considering the averments made by learned counsel for the parties, the application under Section 439 of Cr.P.C. may be accepted. Consequently, it is hereby allowed.
It is directed that the applicant Sandeep Kumar Pandey be released on bail on furnishing a personal bond in the sum of Rs.30,000/ (Rupees Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of the Committal Court/trial Court to appear before the concerned Court on the dates given by the concerned Court during trial.
C.C. as per rules.
(Subhash Kakade) Judge taj.