The age of the prosecutrix, her statements, and the delayed FIR were crucial factors in the Court's decision to grant bail to the applicant.

JUDGMENT

Satyendra Kumar Singh, J. - With the consent, heard finally.

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 09.12.2021 in connection with Crime No.818/2021 registered at Police Station Nagda, District Ujjain (M.P.) for commission of offence punishable under Sections 376(2)(n) and 506 of IPC.

Prosecution story, in brief is that applicant met with the prosecutrix on social media and made relations with her. On 08.09.2021, applicant forcefully took the prosecutrix and kept her with him and committed rape upon her repeatedly. Thereafter, he sent back the prosecutrix and blackmailed her saying that if she discloses the incident to anybody, then he will kill her brother and husband and also viral her photographs.

Learned counsel for the applicant submits that prosecutrix is a major married lady, aged about 26 years while applicant is a young boy, aged about 23 years. On 08.09.2021, prosecutrix herself voluntarily went with the applicant and on 09.09.2021, she herself gave her statement, wherein she admitted that she was having relation with the applicant for last three years and voluntarily lived with him. after about a year, FIR was lodged without any reasonable cause. No offence is made out against the applicant. applicant is in custody since 09.12.2021. Charge-sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned Panel Lawyer for the non-applicant - State has opposed the application and submits that prosecutrix in her statement recorded under Section 164 of Cr.P.C. has specifically alleged against the applicant. Offences alleged against the applicant are serious in nature and therefore, he is not entitled for grant of bail.

Having considered the rival submissions, age of the prosecutrix, her statements given in the police station after lodging of her missing report, which was lodged by her husband, delayed FIR and also considering other facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This application is allowed and stands disposed of.

Certified copy, as per Rules.