JUDGMENT :

1. Heard learned counsel for applicant, learned A.G.A. for State and learned counsel for the State-respondents and perused the material on record.

2. Instant application for bail has been filed by applicant-Ramvilash @ Chhottan @ Chhottan Kori supported by an affidavit of the prosecutorix seeking his enlargement on bail in Case Crime No.65 of 2020 under Sections 363, 366, 504, 506 I.P.C. and Section 7/8 POCSO Act, Police Station-Kotwali Dehat, District-Banda, during the pendency of trial.

3. Record shows that in respect of an incident, which is alleged to have occurred on 09.03.2020, an F.I.R. dated 20.03.2020 was lodged by first informant Premchand (father of prosecutrix) and was registered as Case Crime No.65 of 2020 under 363, 366, 504, 506 I.P.C. and Section 7/8 POCSO Act, Police Station-Kotwali Dehat, District-Banda.

4. In brief, as per prosecution story as unfolded in the F.I.R., it is alleged that maternal uncle of the informant i.e. accused-applicant (Ramvilash @ Chhottan @ Chhottan Kori) enticed away the minor daughter of the informant, aged about 16 years on 09.03.2020 and she (prosecutorix) had taken away some jewellary, money etc. along with her.

5. After registration of the aforesaid F.I.R., Investigating Officer proceeded with statutory investigation of afore-mentioned case crime number in terms of Chapter XII Cr.P.C. Thereafter, statement of prosecutrix was also recorded under Section 161 Cr.P.C. by Investigating Officer wherein she has not supported the prosecution story as unfolded in the F.I.R. To the contrary, prosecutrix has stated that she herself accompanied the applicant out of her own free will. She has also stated that she has solemnized marriage with the applicant. As a consequence of above, they started living together as husband and wife. Thereafter, prosecutrix was requested for her medical examination, which was refused by her. Ultimately, the statement of prosecutrix was recorded under Section 164 Cr.P.C. wherein she re-joined her earlier statement under Section 161 Cr.P.C. Investigating Officer during the course of investigation, also recovered the mark-sheet/certificate pertaining to the High School Examination of prosecutrix wherein her date of birth is recorded as 11.07.2004, copy of the same has been annexed as Annexure 4 to the bail application.

6. Aggrieved with the above, applicant and other co-accused persons have filed a petition bearing Criminal Misc. Writ Petition No.52 of 2021 seeking stay in the aforesaid FIR and, thereafter, considering the facts of the case, a Division Bench of this Court vide order dated 11.01.2021 stayed the proceedings of the aforesaid case crime number against the applicant as well as other two accused persons, which was also extended on 12.02.2021 till 01.04.2021 and is still pending now.

7. After recording the statement of the prosecutorix under Section 161 Cr.P.C., on 13.09.2022, an application was given by the police before the court of Juvenile Justice Board, Banda and on that application on 14.09.2020, concerned Juvenile Court passed the order mentioning therein that he has no jurisdiction to the same as prosecutorix/victim is major and aged about 18 years and two months. Thereafter, victim has moved an application before the concerned police station stating therein that she did not want to go with her parents and wants to go with her mother-in-law for living their happily life. On 14.09.2020, another application has also been moved by the father of the victim before the concerned police station wherein, he has specifically stated that she (prosecutorix) is major and he has no concern with her and denied for keeping them, copies of the same have been annexed as Annexure-7 to the bail application.

8. The occurrence occurred on 09.03.2020. As such, prosecutrix was aged about 15 years and 07 months and 28 days on the date of occurrence. On the basis of above and other material collected by Investigating Officer during course of investigation, he opined t