M.Cr.C. No.5412/2010
16.7.2010
Shri A. D. Mishra, counsel for the applicants.
Smt. Sushila Paliwal, Public Prosecutor for the
respondent/State.
Heard on IA. No.10542/2010, an application for
urgent hearing.
Since case diary is available, application is
allowed.
Heard both the parties.
Case diary of Crime No.6 of 2010 registered at
Police Station Bijadehi, District Betul for offence
punishable under Sections 376, 506 read with Section
34 of I.P.C is perused.
Applicants are in custody since 30.3.2010.
Learned counsel for the applicants submits that
the prosecutrix was above 16 years of age. No
external or internal injury was found on the body of
the prosecutrix. The incident took place on 11.2.2010
whereas FIR was lodged on 17.2.2010. It is alleged
that applicant Ram Prakash has committed offence
under Section 376 of I.P.C whereas the applicant
Sarvan simply held her at that time. The prosecutrix
has alleged a concocted story and looking to the
circumstances, case seems to be of consent and,
therefore, no offence under Section 376 of I.P.C. is
made out. The applicants are young youths of 22
years of age and they have no criminal past.
Therefore, they pray for bail.
Learned Public Prosecutor opposes the bail
application.
After perusing the case diary and hearing
aforesaid arguments, 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
applicants no.1 and 2 namely Sarvan and Ram
Prakash.
Therefore, application of the applicants Sarvan
and Ram Prakash under Section 439 Cr.P.C. is hereby
allowed. They be released on bail on furnishing of a
bond in sum of Rs.40,000/- (Rupees forty thousand)
each with one surety bond of the like sum to the
satisfaction of CJM Betul to appear before the
committal Court and trial Court on the dates given by
the concerned Court.
Certified copy if applied.
(N.K. Gupta)
Judge
bina