JUDGMENT :

1. Heard learned counsel for the applicant; Shri Lakshman Tripathi, learned counsel for the informant and learned A.G.A.

2. The instant bail application has been filed on behalf of the applicant, Vivek Kumar Maurya, with a prayer to release him on bail in Case Crime No. 143 of 2020, under Sections 363, 366, 376, 323, 504, 506, 354, 354-A IPC and 3/4 POCSO Act Police Station Sarnath, District-Varanasi, during pendency of trial.

3. There are allegations of abduction of minor girl with intent to marry, commission of offence of rape, beating, threatening, outraging her modesty, sexual harassment and penetrative sexual assault against the applicant.

4. There is allegation in the First Information Report that prosecutrix, resident of Varanasi, was made to enter into physical relationship with applicant for about one year on false promise of marriage, when she was student of B.SC., Part-1. Whenever prosecutrix talked to applicant about their marriage he used to avoid her request. On 3.5.2019, when prosecutrix was going to college, applicant enticed her from the way at 7 a.m in the morning and took her to Delhi at his aunt’s place where he made physical relationship with her. Father of the prosecutrix gave an application at the police station on 4.5.2019 about her abduction by applicant. Thereafter the father and mother of the applicant pressurised the father and mother of prosecutrix and they threatened them of life in case they made any statement before the police against their son, the applicant. Therefore, father of prosecutrix withdrew the compliant made to the police on 7.5.2019 and prosecutrix was dropped back to her house by the applicant and co-accused persons, but the activities of the applicant did not changed. Again whenever there was no one in the house of the prosecutrix applicant used to come and make physical relationship with prosecutrix by extending false promise of marriage. On 27.8.2019 at 8 a.m. applicant took the prosecutrix to the registrar and got their marriage registered. Thereafter he took the prosecutrix to Lucknow where he made physical relationship with her. After four days he again made physical relationship with prosecutrix and brought her to a dharamshala in Mugalsarai and repeated the same act. Next day he took her to a room situated in Lanka, Varanasi; then to house of his Mama at Maduwadeeh where he repeated the same offence against her. At her Mama’s place he compelled her to make physical relationship with his cousin (Mamas’ son) also. When the aforesaid son of his Mama touched her inappropriately she raised alarm, thereafter applicant and son of his mama abused and beated her. Applicant stated that he has married her only to physical enjoyment. Thereafter applicant asked her to go away otherwise she will be killed by giving her poison. Applicant called his father, uncle and brother, who are co-accused, and all of them abused her and sexually molested her. They beated her and dropped her in injured condition on the road at 11 p.m on 5.9.2019. The passers-by helped her and she called her mother and she took her to her house. Thereafter she was treated at home by her mother by home made medicines. On 6.9.2019 accused persons came again to her house and threatened the prosecutrix and her family of life, if she makes any complaint to the police. On 18.2.2020 again co-accused persons came to her house and abused her and asked her family to leave their village and go away. Thereafter the First Information Report was lodged on 9.3.2020 with regard to the incident dated 3.5.2019 by the prosecutrix herself.

5. Learned counsel for the applicant has submitted that in the statement of the prosecutrix recorded under section 164 Cr.P.C., she herself has claimed that she is aged about 19 years and student of B.Sc. Part-I. Therefore implication of the applicant under section ¾ POCSO Act was falsely made by the police. She admitted that she had affair with applicant for the last one year. Applicant asked her