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Judgment
7 paragraphs · 332 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 21/09/2020 in connection with Crime No.436/2019 for offences registered under Sections 363, 366, 376, 342, 34 of IPC and section 5/6 of POCSO Act, police station Kotwali, District Chhatarpur.
Allegation against the applicant/accused is that he kidnapped and committed repeated rape with the prosecutrix, who was near about 17 years old.
Learned counsel for the applicant submitted that applicant is innocent and he is in custody since 21/09/2020. Charge sheet has been filed and trial will take time. The prosecutrix herself has stated that she herself went to the applicant and solemnized marriage. Thereafter the applicant committed sexual intercourse with her consent. The prosecutrix is matured girl, however the prosecution has shown her age below 18 years while prima facie she appears to be major and there is no likelihood of the applicant absconding or tampering with the evidence. In the circumstances, the applicant's custodial trial is not warranted. On the aforesaid grounds, 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 Shoaib Javed 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
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