M.Cr.C. No.4228/2010
23.7.2010
Shri Ankit Saxena , counsel for the applicant.
Shri R. N. Yadav, Panel Lawyer for the respondent/
State.
Heard both the parties.
Case diary of Crime No.50 of 2010 registered at
Police Station Raatibadh, District Bhopal for offence
punishable under Sections 304-B read with Section 34 of
I.P.C is perused.
The applicant is in custody since 13.3.2010.
Learned counsel for the applicant submits that the
Lower Court has enlarged his wife on bail. At present
his child and wife are ill and therefore, there is nobody to
look after them. Prosecution witness Shyam Sharma
who is Sarpanch of the locality has stated before the
Police that the applicant and his brother, that is husband
of the deceased, were living separately and therefore,
there was no role of the applicant in the house of the
deceased as he was living separately. He is in custody
since 13.3.2010. He is a young youth of 24 years of
age. He has no criminal past and therefore, he prays for
bail.
Learned Public Prosecutor opposes the 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
Rakesh Vanshkaar.
Therefore, application of the applicant Rakesh
Vanshkaar 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