BRIJLAL Vs. STATE OF C G

JUDGEMENT

(1.) THIS is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 26/2006, registered at Police Station - Sonhat, for the offence punishable under Sections 363, 366, 376, 34 of the IPC read with Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 1989. The case of the prosecution is that the prosecutrix namely Ku. Dhaneshwari, a girl aged about 16 years, was enticed applicant No. 1 and 2 and was taken by them with the help of another co-accused, who is a juvenile offender, on a bicycle from her village to a different village. It comes in the statement of the prosecutrix that they had travelled by the bicycle for the whole night and they had reached to village - Ghutara in the next morning and from village - Ghutara, 2 accused persons namely Rajendra Kumar and Sanjay had returned back, whereas, applicant No. 1-Brijlal again took the girl from village Ghutara to village - Ghohada. So far as the age of the prosecutrix is concerned, it is stated that a mark sheet has been seized, in which, her date of birth has been shown as 2-7-1989.

(2.) LEARNED counsel for the applicants submits that except the said mark sheet, there is no other evidence regarding the age of the prosecutrix. His submission is that the prosecutrix is a major lady and since she had travelled with the accused persons on their bicycle, a possibility of her being a consenting party cannot be fully ruled out in this case. He prays for releasing the applicants on bail. On the other hand, learned counsel for the State opposes the bail application. Considering the facts and circumstances of the case, particularly considering the marginal age and conduct of the prosecutrix, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on bail. Their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs. 10,000/- with one surety each in like amount to the satisfaction of the trial Court for their appearance before the said Court on each date of hearing till the disposal of the trial. Application Allowed.