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Judgment
The accused/applicant seeks grant of interim bail for a period of 03 months in case FIR No. 153/2022 of PS Defence Colony for offence under Section 363/342/328/366A/370/376/506/120B/34 IPC and Section 6 of POCSO Act.
I have heard learned counsel for accused/applicant and learned APP for State assisted by IO/Inspector Pankaj Pandey.
Broadly speaking, allegation against the accused/applicant is that she is a part of co-accused group which sexually exploited three young girls, who were raped in presence of the accused/applicant so that they would be forced into flesh trade. It is alleged that rape of those minor girls took place in presence of the accused/applicant. The interim bail sought in the present application is on the ground that daughter of the accused/applicant is in advanced stage of pregnancy and needs the accused/applicant for her support.
Learned counsel for accused/applicant submits that the regular bail application of the accused/applicant is listed before this court on 25.11.2026. It is also submitted that on humanitarian grounds the accused/applicant deserves interim bail for a period of three months so that she may take care of her pregnant daughter. It is also submitted by learned counsel for the accused/applicant that the chargesheet does not reflect that rape of those girls occurred in presence of the accused/applicant.
Learned APP for State, on instructions of the IO, submits that daughter of the accused/applicant is residing with her marital family consisting of number of family members including her mother-in-law, who are always available to take care of daughter of the accused/applicant. It is also submitted that the humanitarian consideration cannot be de hors the gravity of offence alleged against the accused/applicant, which offence is her involvement to push three minor aged girls into prostitution.
Keeping in mind the above circumstances, I do not find it to be a case of such emergent situation that requires personal presence of the accused/applicant. Therefore, the interim bail application and accompanying application are dismissed.
Copy of this order be sent to the concerned Jail Superintendent for being informed to the accused/applicant.