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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.