- (1.)Heard on this first application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail.
(2.)The applicant is in jail since 10.6.2020 in connection with Crime No.238/2020 registered at Police Station-Kolar Road, District-Bhopal for offence punishable under Sections 363, 366, 376(2)(n), 376(3), 376(D), 344, 506 of IPC and Sections 3/4, 5(i)/6, 5(n)/6, 5(g)/6 of Protection of Children from Sexual Offences Act, 2012.
(3.)T h e case of the prosecution against the applicant, in short, the applicant and another co-accused, who was a juvenile, administered some intoxicating substance to the prosecutrix, who was minor at the time of incident. When the prosecutrix became unconscious, they took her with them and committed gang rape upon her. When the prosecutrix was left, she lodged a report against the applicant and other co-accused person.