M.Cr.C. No.6228/2010
06/09/2010
Shri Amit Dubey, Advocate for the applicant.
Shri B.P.Pandey, Public Prosecutor for the
respondent-State.
Heard both the parties.
Applicant is in custody in connection with
Crime No.60/2010 registered at Police Station
Bankhedi District Hoshangabad for the offence
punishable under Sections 376(2)(g), 343, 506 of
IPC, since 5/4/2010.
Learned counsel for the applicant submits
that the applicant is a reputed citizen of the
locality, who has no criminal past alleged against
him. He has some dispute with the husband of the
prosecutrix. The prosecutrix is 25 years old
married woman, who lodged an FIR after three
days of the incident. There was no injury either
external or internal found on her person, therefore
it may be presumed that the FIR was lodged
without any basis. No such incident took place as
mentioned in the FIR. Looking to the custody
period, he prays for bail.
Learned Public Prosecutor for the State
opposes the application.
After hearing aforesaid arguments and
looking to the facts and circumstances of the case,
without expressing any view on the merits of the
case, I am of the opinion that this is a fit case in
which bail may be granted to the applicant Maan
Singh.
Therefore, the application of the present
applicant under Section 439 Cr.P.C is hereby
allowed. He 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 trial Court, to
appear before the trial Court on the dates given
by the concerned Court.
Certified copy as per rules.
(N.K.Gupta)
Judge
Ansari