M.Cr.C. No.5484/2010
13/07/2010
Shri L.N.Tripathi, Advocate for the applicants.
Shri C.K.Mishra, Public Prosecutor for the
respondent-State.
Heard on IA No.9737/2010, an application for
urgent hearing.
Since the case diary is available, the application
is allowed.
Also heard both the parties.
Case diary of Crime No.7/2010 registered at
Police Station Bagsewaniya District Bhopal for the
offence punishable under Sections 376 (2)(g), 506,
342 of IPC and Section 3(1)(xii) of SC/ST (Prevention
of Atrocities) Act, 1989 is perused.
Learned counsel for the applicants submits that
the applicants are falsely implicated in the crime and
therefore the prosecutrix of the case has turned
hostile before the trial Court. She did not support the
entire FIR or prosecution story and, therefore, there is
no chance of the conviction of the applicants. They are
in custody since 4/1/2010, therefore they pray for bail.
Learned public prosecutor for the State opposes
the application.
After hearing aforesaid arguments and looking to
the custody period of the applicants, 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 Raghuraj Kishore Pandey
@ Sonu and Pradeep Kumar.
Therefore, the application of the present
applicants under Section 439 Cr.P.C is hereby
allowed. They be released on bail on furnishing a bond
in sum of Rs.40,000/- (Rupees forty thousand) each
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