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Judgment
11 paragraphs · 514 words@JUDGEMENT- JUDGEMENT
Prakash Chandra Gupta, J
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.364/2023 dated- (not mentioned) registered at Police Station-Kasrawad, District-Khargone (M.P.) for commission of offence punishable under Section 363, 366, 376, 376 (2)(N) of IPC and under Section 3/4, 5(L)/6, 5(J)(ii)/6 of the Protection of Children from Sexual Offences Act and sections 3(2)(V)(A), 3(1)(W)(ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989.
2 . Prosecution story, in brief, is that at the time of incident the prosecutrix was more than 17 years and 7 months of age. Prior to the incident the prosecutrix and applicant were known to each other and they wanted to marry each other. On 14.08.2023, prosecutrix left her house and went with the applicant to Maharashtra by public transport and started to live together in a tapri. Applicant solemnized marriage with the prosecutrix in a temple. Applicant kept the prosecutrix alongwith him for more than 4 months, meanwhile he committed rape upon her several times and prosecutrix got pregnant. Police recovered the prosecutrix from the possession of the applicant on 26.12.2023.
Learned counsel for the applicant submits that the applicant has not committed the offence and he has falsely been implicated in the case. I t is submitted that prosecutrix is illiterate person. Ossification test is also conducted to assess her age. It is also submitted that at the time of the incident prosecutrix was major lady and she herself went with the applicant. She was also a consenting party for sexual intercourse. It is further submitted that at present prosecutrix is living in the house of the applicant. Applicant is in custody since 26.12.2023. After completion of investigation, charge sheet has been filed. Conclusion of trial will take considerable long time for its disposal, therefore it is prayed that the applicant be released on bail.
On the other hand counsel for the State objected the prayer of the applicant and prayed for its rejection.
Having considered the rival submissions and taking into consideration facts and circumstances of the case, this Court is of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits\ of the case, the application is allowed.
It is directed that applicant - RITESH shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.