MCRC/12697/2016 of RAISINGH Vs THE STATE OF MADHYA PRADESH on 29 December 2016

Arguments

M.Cr.C. No. 12697 of 2016

29/12/2016

Shri Ahish Gupta, learned Counsel for the applicant—

Raisingh S/o Puniya Bhuria.

Ms. Mamta Shandilya, learned Public Prosecutor for the non-applicant/State.

Case-diary is available.

Argument heard.

This is first application under Section 439 of Cr.P.C.

for grant of bail.

The present applicant was arrested by Police Station - Kakanvani, District – Jhabua in Crime No.234/2016,under Sections 363/34 of IPC.

According to the prosecution story, the present applicant and his son – Rajesh took away the prosecutrixand they were found walking with the prosecutrix andthereafter his son and the prosecutrix went missing. Theprosecutrix and the son of the present applicant has notbeen traced so far.

Learned Counsel for the applicant submits that theonly allegation against the present applicant is that he isthe father of the main accused – Rajesh and he was seen byone of the prosecution witnesses with the prosecutrixbefore she went missing.

However, learned Public Prosecutor opposed the application and prays for dismissal of the application.

After going through the case-diary and taking intoconsideration the facts and circumstances of the case,without commenting on the merits of the case, I am of the pp/

view that it is a fit case for grant of bail. The applicationfiled under Section 439 of Cr.P.C. is allowed. It is directedthat applicant shall be released on bail upon his furnishinga personal bond in the sum of Rs.50,000- (Rupees FiftyThousand Only) and one surety of the like amount to thesatisfaction of the concerned Magistrate for his appearancein this regard during trial.

He is also directed that on being so released on bail,he would comply with the conditions enumerated underSection 437 (3) of Cr.P.C. meticulously.

Certified copy as per rules.

(Alok Verma) Vacation Judge