M.Cr.C. No.3939/2010
19.7.2010
Shri Sanjay Patel, counsel for the applicant.
Smt. Sushila Paliwal, Public Prosecutor for the
respondent/State.
Heard on IA. No.10694/2010, an application for
urgent hearing.
Since case diary is available, application is allowed.
Heard both the parties.
Case diary of Crime No.9 of 2010 registered at
Police Check Post Tatri, Police Station Khatia, District
Mandla for offence punishable under Sections 376, 315,
201 read with Section 34 of I.P.C and 3(1)(xii) and 3(2)
(v) of SC/ST (Prevention of Atrocities) Act is perused.
Applicant is in custody since 27.3.2010.
Learned counsel for the applicant submits that the
prosecutrix as per school record was 16 ½ years of age
at the time of incident and according to the ossification
test she was above 17 years of age. In ossification test
two years may be added on both the sides and,
therefore, prosecutrix was above 18 years at the time of
incident. The entire incident was of consent. The
prosecutrix remained with the applicant for a long period
without any resistance. Allegation is that applicant gave
her threat that if she will not go with the applicant, he
will commit suicide. Such type of allegations as made by
the prosecutrix are not genuine. She never says that
the applicant took her with him with any promise of
marriage etc. When the prosecutrix was pregnant the
parents of the prosecutrix got the miscarriage of the
prosecutrix. For such an act there was no role of the
applicant. He further submits that the applicant is a
young youth of 22 years of age and he has no criminal
pat. He is in custody since 27.3.2010. One co-accused
Nathuram Jharia, that is father of the applicant, is
enlarged on bail by this Court vide order dated 24.5.2010
in MCRC. No.2762/2010 and therefore, he prays for bail.
Learned Public Prosecutor opposes the bail
application.
He submits that it is a case of gang rape.
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
Rajkumar.
Therefore, application of the applicant Rajkumar
under Section 439 Cr.P.C. is hereby allowed. He be
released on bail on furnishing of a bond in sum of
Rs.35,000/- (Rupees thirty five 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