SHARAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Section 439 of the Cr.P.C. The petitioners are seeking bail in connection with CR No.122/2013, P.S. Mahila Thana (West) Jodhpur for the offence under Sections 342/34, 354-A/34, 370(4), 376(2)(f) read with 120B/109, 376(D), 506/34, 509/34 and 109/120B of the IPC, Sections 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and Section 5(F)/6 read with 17, 5(G)/6 and 7/8 read with 17 of the Protection of Children from sexual offences Act, 2012.

(2.) The accused petitioner Sharad @ Sharad Chandra is the Director of the Gurukul where the prosecutrix was pursuing her studies. As per the allegation, the petitioner made arrangement for sending the prosecutrix to Asa Ram. He called her to his office and showed her the girl called "Bhavya" who was made to pretend that she was suffering from evil spirit and thus, convinced the prosecutrix that she too was suffering from the same and needed to see Asa Ram for treatment. Whereas, Prakash is the personal cook of Asa Ram. It was he, who called the prosecutrix and told her to sit outside the Kutia and gave her milk to drink on the asking of the Asa Ram.

(3.) It was alleged that Shilpi, Shiva and the present petitioners i.e. Sharad and Prakash conspired with each other to send the prosecutrix to Asa Ram and are responsible for what happened. While praying for bail, learned counsel for the petitioners contended that the co-accused of the petitioners Sanchita Gupta @ Shilpi and Shiva @ Savaram have been released on bail vide order dated 10.02.2014 passed in S.B. Criminal Misc. Bail Application Nos.8609/2013 and 8610/2013. It is stated that the case of the petitioners is not any different and that there is no evidence available with the investigating agency to connect them with the alleged offence except the telephone calls between all the co-accused.