High Court Madhya Pradesh High Court

Ramgopal vs The State Of Madhya Pradesh on 5 July, 2010

Madhya Pradesh High Court
Ramgopal vs The State Of Madhya Pradesh on 5 July, 2010
                   M.Cr.C. No.4761/2010
05/07/2010
     Shri K.S.Rajput, Advocate for the applicants.
     Shri S.K.Kashyap, Public Prosecutor for the
respondent-State.

Heard both the parties.

Case diary of Crime No.24/2010 registered at
Police Station Khalwa District Khandwa for the
offence punishable under Sections 363, 366, 506 &
376 of IPC is perused.

The applicants are arrested on 6/4/2010 for the
aforesaid offence.

Learned counsel for the applicants submits that
the prosecutrix was apparently major and she lived
with co-accused Ram Narayan with her consent. After
return back from the incident, she lodged an FIR
against not only the accused Ram Narayan but all of
her relatives without any basis. In the case of consent,
there was no role of the applicants. There is no
criminal past against the applicants, therefore, they
pray for bail.

Learned public prosecutor for the State opposes
the application.

After hearing aforesaid arguments and looking to
the facts and circumstances of the case, 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 applicants Ramgopal, Sevakram,
Kishore and Mohan.

Therefore, the application of the present
applicants under Section 439 Cr.P.C is hereby
allowed. They be released on bail on furnishing a bond
in sum of Rs.40,000/- (Rupees forty thousand) each
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