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Judgment
24 paragraphs · 510 words Shailendra Shukla, J
 This is first bail application under Section 439 of Cr.P.C. for grant of bail. Applicant is implicated in Crime No.07/2019 registered at Police Station
Rajod District Dhar for the offence punishable under Sections 363, 366-A, 368, 323, 506, 376 (2)(n), 506 of IPC along with 5/6 of the Protection of
Children from Sexual Offences Act. The applicant is in custody since 15.10.2020.
 As per prosecution story, applicant had kidnapped the prosecutrix and there after committed rape upon her who was minor.
 Learned counsel for the applicant has submitted that charge sheet since has been filed. He further submitted that the date of incident was
28.10.2018 and a missing person report was lodged as late as on 09.01.2019 there being no explanation for delay. He has also read over the statement
of the prosecutrix in her 164 Cr.P.C statement, wherein she says that she had earlier also eloped with the present applicant and has stated that the
father of the applicant and brother-in-law of the applicant had kidnapped her and taken her to their house at that point of time the applicant was in jail
and when he came back from the jail he used to assault her. However, subsequently, she gave birth to a girl child but due to constant physical abuse
she left the house of the applicant and took shelter in the house of one Gopaldas who subsequently helped in recovering the prosecutrix and handing
over to her parents. Learned counsel further submitted that it is a case of consent and the prosecutrix was almost major when the incident had
occurred. Under thes facts and circumstances, learned counsel prays for grant of bail to the applicant.
Learned Public Prosecutor for the State was also heard who has opposed the bail application submitting that date of birth of the prosecutrix is
06.06.2001 and date of incident is 28.10.2018 at that point of time the prosecutrix was more than 17 years of age and she was below 18 years.
In view of the statement of the prosecutrix, she appears to have lived in the house of the applicant and having delivered a child as well, subsequently,
however due to mutual misunderstanding the report has been lodged. No reason for delay in lodging the report has been assigned. Therefore, without
commenting upon the merits of the case, this bail application is allowed and it is directed that applicant shall be released on bail on his furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety to the satisfaction of the concerned Trial
Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the
Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
A copy of this order be sent to the concerned Court for its compliance.
M.Cr.C. No.33982/2021 is allowed and stands disposed of.
Certified copy, as per rules.