RAMJAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this third application filed under section 439 of the Cr. P.C., applicant Ramjan has moved the application for grant of bail being implicated in crime No. 179/2011 registered by police Susner, District Shajapur for offence under Sections 376(2)(g), 327, 506 of the IPC and 66(DA), 67(K) of IT Act, 3(1)(12) of SC & ST (Prevention of Atrocities) Act and Section 4 of Indecent Representation of Woman (Prohibition) Act, 1986. Counsel for the applicant has vehemently urged the fact that it was a case of false implication. The first two applications have been dismissed as not pressed. However, liberty was granted to the applicant to file fresh application. Counsel submitted that the prosecutrix has now been examined in Court and on cross -examination she has candidly admitted that the present applicant is not involved in the offence. Moreover, Counsel submitted that co -accused Shahrukh Khan has already been granted bail by this Court in M.Cr.C. No. 7297/2012 under the same set of circumstances. Counsel submitted that the present applicant is only 19 years of age and is likely to deteriorate if he is allowed to remain in custody for a long time. Hence, on the grounds of parity also Counsel prayed for grant of bail since the applicant is in jail from 13/12/2011.

(2.) COUNSEL for the respondent State, on the other hand, has not opposed the submissions of the Counsel for the applicant and has submitted that the case is almost identical. He however, prayed for dismissal of the application.

(3.) IT is ordered that the applicant be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/ - (Rupees Twenty five thousand only) with one surety of the like amount to the satisfaction of the Trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the Trial Court in this behalf during the pendency of trial.