High Court Madhya Pradesh High Court

Rambahadur Sen vs The State Of Madhya Pradesh on 11 August, 2010

Madhya Pradesh High Court
Rambahadur Sen vs The State Of Madhya Pradesh on 11 August, 2010
               M.Cr.C. No.7146/2010
11/08/2010
     Shri Prabhakar Singh, Advocate for the
applicant.
     Shri    R.N.Yadav,    Panel   Lawyer     for    the
respondent-State.

Heard on IA No.12839/2010, an application
for urgent hearing.

Since the case diary is available, the
application is allowed.

Also heard both the parties.

Applicant is in custody in connection with
Crime No.155/2010 registered at Police Station
Mauganj District Rewa for the offence punishable
under Sections 363, 366, 376 (2)(g) of IPC, since
24/6/2010.

Learned counsel for the applicant submits
that the applicant is a young youth of 24 years of
age, who has no criminal past. The prosecutrix
was above 18 years of age at the time of incident.
She herself left her house and afterwards made
omnibus allegation against the applicant and co-
accused. There was no either external or internal
injury found on the body of the prosecutrix and it
seems that she was a consenting party. Looking to
the custody period, he prays for bail.

Learned Panel Lawyer 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
Rambahadur Sen.

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.35,000/- (Rupees thirty five
thousand) with one surety bond of the same
amount to the satisfaction of the trial Court, to
appear before the committal Court and the trial
Court on the dates given by the concerned Court.

Certified copy as per rules.

(N.K.Gupta)
Judge

Ansari