M.Cr.C. No.5688/2010
14/07/2010
Shri Lalji Kushwaha, Advocate for the applicant.
Shri S.K.Kashyap, Public Prosecutor for the
respondent-State.
Heard on IA No.10561/2010, 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.8/2010 registered at
Police Station Teelajamalpura District Bhopal for the
offence punishable under Section 306 read with
Section 34 of IPC is perused.
The applicant is arrested on 22/4/2010 for the
aforesaid offence.
Learned counsel for the applicant submits that in
the present case presumption under Section 113-A of
the Evidence Act is not available to the prosecution
and looking to the allegation made in the alleged
suicidal note written by the deceased, the ingredients
of Section 107 of IPC are not fulfilled and, therefore,
no offence under Section 306 of IPC is made out
against the applicant. He is a reputed citizen of the
locality and there is no criminal past alleged against
him. He is in custody since 22/4/2010, therefore he
prays for bail.
Learned public prosecutor for the State opposes
the application.
After hearing aforesaid arguments and looking to
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 Rakesh Sharma.
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
CJM, Bhopal, to appear before the committal Court
and the trial Court on the dates given by the
concerned Courts.
Certified copy as per rules.
(N.K.Gupta)
Judge
Ansari