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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.62/2017 registered at Police Station Sarada for the offences under Sections 363, 366 and 376 IPC and under Section 3 (2) (5) SC/ST (Prevention of Atrocities Act and Under Sections 3 and 4 Protection of Children from Sexual Offences Act, 2012).
As per the statements of victim Mst. "G" recorded under Sections 161 as well as 164 Cr.P.C ., the highest allegation as against the petitioner is that he provided a mobile phone to the victim, so as to facilitate her contact with the principal accused Dinesh. There is no allegation of physical or sexual misbehavior against the petitioner in both these statements.
Thus, having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Madan arrested in connection with the F.I.R. No.62/2017 registered at Police Station Sarada shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.