M.Cr.C. No.2507/2010
15/07/2010
Shri Rajesh Kumar Pandey, Advocate for the
applicant.
Shri S.K.Kashyap, Public Prosecutor for the
respondent-State.
Heard both the parties.
Case diary of Crime No.361/2009 registered at
Police Station Jaisingh Nagar District Shahdol for the
offence punishable under Sections 376, 506-B, 201,
313, 318 read with Section 34 of IPC and Section 3 (2)
(v) of SC/ST (Prevention of Atrocities) Act, 1989 is
perused.
The applicant is arrested on 4/8/2009 for the
aforesaid offence.
Learned counsel for the applicant submits that it
is alleged by the prosecutrix that son of the applicant
has committed rape for 4-5 times with her, due to
which she got pregnant. It is also alleged that the
applicant by force directed the prosecutrix to get her
abortion and, therefore, offence under Sections 313
and 318 of IPC is alleged against the applicant. He
further submits that actually his son was minor boy
and, therefore, his relations with the prosecutrix were
of love affairs. The family of the prosecutrix itself got
the abortion of the prosecutrix and there is no role of
the present applicant in that abortion. In alternate, he
submits that the applicant is in custody since 4/8/2009
and looking to his custody period with gravity of
offence alleged against him, he may be enlarged on
bail. He further submits that one Ram Bhuwan Patel
has already been enlarged on bail by this Court on
22/12/2009.
Learned public prosecutor for the State opposes
the application mainly on the ground that the case of
Ram Bhuwan Patel is different from the present
applicant. The offence under Section 313 of IPC is
grave, therefore, bail may not be granted.
After hearing aforesaid arguments and looking to
the facts & circumstances of the case particularly the
custody period of the applicant, 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 Mangal Yadav.
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.40,000/- (Rupees forty 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