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Judgment
18 paragraphs · 340 wordsJ. P. Gupta, J
This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been
arrested on 16/10/2020 in connection with Crime No.1473/2020 for offences registered under Sections 363, 366, 366(ka), 376(1), 376(2)(n), 452,
376(3) of IPC and section 3,4,5,6 POCSO Act, police station Stationganj, District Narsinghpur.
Allegation against the applicant/accused is that he kidnapped and committed repeated rape with the prosecutrix, who was minor at the time of
incident.
Learned counsel for the applicant submitted that applicant is in custody since 16/10/2020. In her statement the prosecutrix has stated taht she with her
own will went with the applicant and solemnized marriage and have two children and she is major, however the prosecution has relied on the entry in
the school register. Accordingly the age of the prosecutrix was near about 17 years 11 months, therefore the applicant has been prosecuted while the
evidence with regard to her age is not too much sound and the prosecutrix might be major at the time of the incident. In the circumstance, the
applicant's further custody is not warranted. Hence, learned counsel for the applicant has prayed that the applicant/accused be released on bail.
Learned PL for the respondent/State has opposed the application and prayed for its rejection.
Having considered all facts and circumstances of the case, in view of this Court the applicant is entitled to get benefit of bail. Hence without
commenting anything on the merits of the case, this application is allowed. It is ordered that the applicant Arvind Mehra be released on bail on his
furnishing a personal bond for the sum of Rs.40,000/- (Rs.Fourty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial
court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions
enumerated in sub-section (3) of Section 437 of Cr.P.C
Certified copy as per rules.