Madhya Pradesh High Court
MCRC/22778/2015 of NARESH @ KAILASH Vs THE STATE OF MADHYA PRADESH on 31 December 2015
Vs THE STATE OF MADHYA PRADESH) 31-12-2015 Shri
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MCRC-22778-2015
(NARESH @ KAILASHVs THE STATE OF MADHYA PRADESH)
31-12-2015
Shri Arpan Shrivastava, Advocate for the applicant.
Shri Vaibhav Tiwari, Panel Lawyer for the respondent-State.Heard on admission.
Admit.
Case diary is available.
With the consent of the parties the case is heard finally.
This is the first bail application filed by the applicant underSection 439 of the Cr.P.C. for grant of bail.
The applicant is in custody in connection with CrimeNo.853/2015, registered at Police Station Astha, District Sehore,for the offences punishable under Sections 363, 366-A, 376 of IPCand Section 4 & 6 of the Protection of Children from SexualOffences Act, 2012.
Learned counsel for the applicant submits that he has falsely beenimplicated in the case. It is further submitted by the learnedcounsel for the applicant that as per ossification report Annexure-A/3 the age of the prosecutrix appears to be between 17 to 19years. It is further submitted that in the statement of theprosecutrix recorded under Section 164 of Cr.P.C., she did notstate any fact of rape against the applicant who is under custodysince his date of arrest i.e. 13.11.2015. In view of the aforesaid,prayer is made to enlarge the applicant on bail.
On the other hand, learned Panel Lawyer for the respondent-Statehas vehemently opposed the application for grant of bail.
Looking to the facts and circumstances of the case, without expressing any view on merits of the case and considering theaverments made by learned counsel for the parties, theapplication under Section 439 of Cr.P.C. may be accepted.Consequently, it is hereby allowed.
It is directed that the applicant- Naresh @ Kailash bereleased on bail on furnishing a personal bond in the sum ofRs.25,000/- (Rupees Twenty Five Thousand only) with onesolvent surety in the like amount to the satisfaction of theCommittal Court/trial Court to appear before the concerned Courton the dates given by the concerned Court during trial.C.C. as per rules.
(SUBHASH KAKADE)JUDGE