M.Cr.C. No.3872/2010
8.7.2010
Shri Ashish Tiwari, counsel for the applicant.
Shri A. Tamrakar, Public Prosecutor for the
respondent/State.
Heard on IA. No.10045/2010, an application for
urgent hearing.
Since case diary is available, application is allowed.
Heard both the parties.
Case diary of Crime No.141 of 2009 registered at
Police Station Khargapur, District Tikamgarh for offence
punishable under Sections 342, 376 of I.P.C is perused.
The applicant is arrested in connection to the
aforesaid crime on 12.3.2010.
Learned counsel for the applicant submits that the
prosecutrix was a grown up lady of 35 years of age. She
was found missing on 2.2.2009. It is alleged that she
lived with the applicant for 4-5 days without any
resistance etc. No internal or external injury was found
on the body of the prosecutrix. The applicant is a
reputed citizen of the locality. He has no criminal past.
He is in custody since 12.3.2010. Therefore, he prays
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 applicant namely Babu
Lal Yadav.
Therefore, application of the applicant Babu Lal
Yadav under Section 439 Cr.P.C. is hereby allowed. He
be released on bail on furnishing of a bond in sum of
Rs.40,000/- (Rupees forty thousand) with one surety
bond of the like sum to the satisfaction of trial Court to
appear before the trial Court on the dates given by the
concerned Court.
Certified copy if applied.
(N.K. Gupta)
Judge
bina