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Judgment
Vishal Dhagat, J
This is first bail application filed under Section 439 Cr.P.C. on behalf of applicant, who is in jail since 09.07.2022, in connection with Crime No.674/2022, registered at Police Station Ranjhi, District Jabalpur (M.P.), for the offences punishable under Sections 363, 366, 376(D) and 506 of Indian Penal Code, Section 3/4 of Protection of Children from Sexual Offences Act and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act.
Learned counsel appearing for the applicant submitted that applicant is innocent and falsely being implicated in the case. It is submitted that applicant had taken prosecutrix and main accused in his car to a hotel and applicant and prosecutrix went inside the hotel and applicant remained in the car. Offence is said to have committed in hotel room where applicant was not present. It is submitted that co-accused Anurag has already been released on bail. In these circumstances, applicant may also be released on bail.
Learned Government Advocate appearing for the respondent/State opposed the prayer for grant of bail. It is submitted that prosecutrix is minor aged about 16 years. In these circumstances, consent is immaterial. Applicant was driving the vehicle, in which prosecutrix was forcibly taken to different places. In these circumstances, bail application be dismissed.
Heard the counsel for the parties.
Prosecutrix alongwith main accused went inside the hotel. She had opportunity to raise her voice or to do resistance. She did not inform any member of the hotel or other persons that she is being forcibly taken to hotel. Rape did not occur in presence of applicant. Applicant was sitting in his car and incident occurred in hotel room. Considering the aforesaid circumstances, bail application filed by the applicant is allowed.
It is directed that applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety in the like amount to the satisfaction of the trial court.
The applicant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.
C.C as per rules.