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Judgment
S.K. Gangele, J.—Heard. This is first bail application Filed by the applicant u/s 439 of Cr.P.C. for grant of bail. The applicant is in custody in connection with Crime No. 26/2012 registered against him under Sections 366(a), 368, 372 and 376 (2)(g) /34 of IPC at Police Station, Bhanwarpura, District Gwalior (M.P.).
The allegation against the present applicant is that she had helped in committing gang rape and in her resident the gang rape was committed with a lady.
The Hon''ble Supreme Court in the case of Priya Patel Vs. State of M.P. and Another, has held that a rape can be committed by a man and a woman cannot be said to have an intention to commit rape.
Learned Panel Lawyer opposed the bail application and prayed for its rejection.
Looking to the nature of allegation and judgment of Hon''ble Supreme Court in the aforesaid case, but without commenting upon the merits of the case, the application is allowed and it is directed that the applicant be released on bail on her furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand only) with one solvent surety to the like amount to the satisfaction of Trial Court for her regular appearance during trial. The applicant shall also comply with the conditions enumerated u/s 437(3) of the Cr.P.C. A copy of this order be sent to the concerning Court for compliance.
Certified copy as per rules.