M.Cr.C. No.5037/2010
8.7.2010
Shri Prakash Upadhyay, counsel for the applicant.
Shri C. K. Mishra, Public Prosecutor for the
respondent/State.
Heard both the parties.
Case diary of Crime No.44 of 2010 registered at
Police Station Raipur Karchuliyan, District Rewa for
offence punishable under Sections 376 of I.P.C and
Section 3(2)(v) of SC/ST (Prevention of Corruption) Act is
perused.
Applicant is arrested for aforesaid crime on
10.3.2010.
Learned counsel for the applicant submits that
prosecutrix was examined by the dentist who found her
to be of 14-16 years of age and in ossification test she
was found to be 17 years of age. However, she was
above 16 years of age. Report was lodged after delay of
12-14 hours. No internal injury is found on the body of
the prosecutrix, whereas some abrasions on her shoulder
were found but, these external injuries could be caused
by the mother of the prosecutrix who caught her red
handed with the applicant. He further argues that it is a
case of consent. The applicant is in custody since
10.3.2010. He is a young youth of 23 years of age and
he has no criminal past. Therefore, he prays for bail.
Learned Public Prosecutor opposes the bail
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 Vinod
alias Lalai.
Therefore, application of the applicant Vinod alias
Lalai under Section 439 Cr.P.C. is hereby allowed. He be
released on bail on furnishing of a bond in sum of
Rs.40,000/- (Rupees forty thousand) with one surety
bond of the like sum to the satisfaction of CJM Rewa to
appear before the committal Court and trial Court on the
dates given by the concerned Court.
Certified copy if applied.
(N.K. Gupta)
Judge
bina