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Judgment
Rajendra Kumar Srivastava, J
This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since
20/3/2021 in connection with Crime No.83/2021 registered at Police Station Mohgawan, District Mandla (M.P.) for the offences punishable under
Sections 363, 366, 366-A, 376(3), 376(2)N, 370, 34, 212 of IPC and Sections 5 L/6 of the POCSO Act.
As per the prosecution story, on 28/2/2021 the prosecutrix aged 16 years and 5 months was missing from her house. She was searched, but could not
be found. An FIR was lodged by the father of the prosecutrix in this regard at Police Station Mohgawan. On 19/2/2021 prosecutrix appeared before
the In-charge, Police Station Mohgawan. Prosecutrix stated that present applicant/accused kidnapped her and committed intercourse with her.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He also submits that at the time of
incident the prosecutrix was above 18 years and the age of present applicant was 28 years. Prosecutrix and the applicant were both in love with each
other, but their parents were not ready to accept their relationship, therefore, prosecutrix voluntarily came to the applicant-accused at Nagpur. They
were residing as husband and wife. The prosecutrix was recovered by the Police, thereafter the prosecutix was pressurized to lodge a false report
against the applicant. The present applicant has no criminal antecedents. He is in custody 20/3/2021. Charge-sheet has been filed. The trial will take
long time to conclude. There is no possibility of applicant's absconding or tampering with prosecution evidence. Apart from this, prosecutrix has no
objection if the applicant is granted bail. On these grounds, he prays for grant of bail to the applicant.
 Per-contra, learned Panel Lawyer for the respondent/State opposes the bail application.
Learned counsel for the complainant submits that the applicant and the prosecutrix were in love with each other. They are ready to solemnize
marriage, therefore, complainant has no objection if the applicant is granted bail.
Considering the contentions of counsel for both the parties and the fact that age of the prosecutix is disputed and prosecutrix voluntarily came to the
applicant at Nagpur, they were residing together at Nagpur, therefore, it appears that it is a matter of love-affair. Applicant is in custody since
20/3/2021. Charge-sheet has been filed and it is the time of Covid-19 pendamic and conclusion of the trial is likely to take sufficiently long time.
Apart from this, complainant has no objection if applicant is granted bail.
Therefore, I am of the considered view that it would be appropriate to release the applicant on bail. Therefore, without commenting on the merits of
the case, application of the present applicant namely, Kamal Singh @ Kamlesh Bhavedi under Section 439 of the Cr.P.C. seems to be acceptable.
Consequently, it is hereby allowed.
It is directed that applicant be released on bail on his furnishing a bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of
the same amount to the satisfaction of the trial Court for his appearance before them on the dates given by the concerned Court. It is further directed
that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
Certified copy as per rules.