Heard on this first application for bail under Section 439 of the Cr.P.C filed on behalf of the applicants Pramod and Shaikhar in Crime No.287/2015 registered by P.S. Mungwani, District-Narsinghpur for offences punishable under Sections 341, 323, 354, 354-A read with Section 34 of the IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012.
As per the prosecution case, the prosecutrix, who is 15 years of age, was going alone to answer call of nature at about 5:30 a.m behind the High School. She was intercepted by accused persons Pramod and Shaikhar. Shaikhar said that he liked her and Pramod picked her up and they were taking her away. When the prosecutrix raised an alarm, her aunt who was passing by, reached the spot. At the same time, the watchman of the school also reached the spot, thereafter, the applicants escaped from the spot.
It has been submitted on behalf of the applicants that the charge-sheet in the case has been filed. The applicants have been in custody since 17.11.2015.
Learned counsel for the applicants has also filed copy of the judgment dated 28.09.2015 delivered by JMFC, Narsinghpur, in Criminal Case No.351/2013 to show that the applicants have been falsely implicated due to enmity.
Learned Government Advocate for the respondent/State has opposed the bail application.
Keeping in view, the facts and circumstances of the case in their entirety, particularly the nature of offence, the fact that charge-sheet has been filed and applicants have been in custody since 17.11.2015, in the opinion of this Court, the applicants Pramod and Shaikhar deserve to be enlarged on bail.
Consequently, this first application under Section 439 of the Cr.P.C filed on behalf of the applicants Pramod and Shaikhar is allowed.
It is directed that the applicants Pramod and Shaikhar be released on bail on their furnishing a personal bond in the sum of Rs. 40,000/- with one solvent surety each, in the same amount to the satisfaction of the trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.
Certified copy as per rules.