GHANSHYAM Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this application filed under section 439 of the Cr. P.C., applicant Ghanshyam has moved the application for grant of bail being implicated in crime No. 90/2012 registered by police station Kukdeshwar, District Neemuch for offence under Sections 363, 366 & 376, 344 and 506 of the IPC. Counsel for the applicant has vehemently urged the fact that it was a case of false implication. Even if the prosecution allegations are considered, Counsel submitted that it was an affair of heart and the applicant has been married the prosecutrix by Arya Samaj custom. Counsel submitted that the father of the prosecutrix has fraudulently obtained the custody of the prosecutrix and forced statement has been filed by the prosecutrix because the father wanted her to enter into a contractual marriage. Hence, Counsel prayed for grant of bail since the applicant has been arrested on 11/9/2012.

(2.) COUNSEL for the respondent State, on the other hand, opposed the submissions of the Counsel for the applicant and has submitted that the applicant was fully involved in the offence. Hence, Counsel has 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 in 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.