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Judgment
17 paragraphs · 316 wordsJ. P. Gupta, J
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 148/2020
registered at Police Station Nishatpura, District Bhopal for the offence punishable under Sections 370(A), 375(E)(1), 376(2)(H), 376(2)(N), 312 and
120-B of the IPC and Sections 9/10 of the Protection of Children from Sexual Offences Act.
As per the prosecution story, the allegation against the applicant-accused is that she administered drugs to the prosecutrix and indulged her in
prostitution. At that time, the prosecutrix was a minor.
Learned counsel for the applicant submits that the applicant is innocent and she is in custody since 10.06.2020. The trial will take considerable time. It
is further submitted that the prosecutrix in her statement under Section 164 of the Cr.P.C. has not made any allegation against the applicant that she
compelled her to indulge in prostitution. Apart from it, there is no likelihood of her absconding or tampering with the prosecution evidence and her
further custody is not required in this case. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicant be released on
bail.
Learned Panel Lawyer opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application.
Looking to the facts and circumstances of the case, this application is allowed. It is ordered that the applicant/accused Smt. Ravindra Kaur @ Payal
(Appy) be released on bail on her furnishing a personal bond for the sum of Rs. 40,000/- (Rs. Forty Thousand only) with a solvent surety in the like
amount to the satisfaction of the trial court for securing her presence before the said Court on all the dates of hearing fixed in this regard during trial
and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
Certified copy as per rules.
