1. Delay condoned.
2. Leave granted.
3. Heard learned counsel for the appellants, informant and the respondent-State.
4. The appellant nos. 1 and 2 were arrested on 12.10.2018 and 25.03.2019 respectively in connection with Crime No. 737 of 2018 registered with Police Station Arni, District Yavatmal for offences punishable under Sections 376(3), 376(D)(A), 376(2)(f)(j)(n), 354-D, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3, 8, 10, 12, 14 and 25 of the Protection of Children from Sexual Offences Act, 2012 and Sections 67(A), 67(B) and 66(E) of the Information Technology Act, 2000. Their application for bail were rejected by the Trial Court on 27.11.2023 as well as by the High Court by the order impugned dated 28.03.2025.
5. Learned counsel appearing for the appellants submits that both the appellants have undergone more than six years of incarceration and they deserve to be enlarged on bail. Per contra, learned counsel for the respondent-State submitted that in fact two of the co-accused have already been granted bail by this Court. He further submitted that as far as the appellant no. 1 is concerned, he does not object to his bail but as regards appellant no. 2, he submitted that there is criminal antecedent of similar nature which is not disclosed in this case and in this view, he should not be granted bail. Learned counsel for the respondent no. 2-informant has also placed reliance in the case of Munnesh vs. State of Uttar Pradesh reported in 2025 SCC Online SC 1319 while supporting the submission made by the learned counsel for the respondent-State in respect of appellant no. 2.
6. Having considered the matter in detail and taking note of the fact that two co-accused have already been granted bail and the appellant no.1 has already undergone incarceration of more than six years, we consider it appropriate to release the appellant no. 1 on bail subject to such terms and conditions as may be imposed by the Trial Court. Insofar as appellant no. 2 is concerned in view of certain criminal antecedent which was not disclosed in this case we are not inclined to grant him relief of bail.
7. Accordingly, the appeal is disposed of.




