The court granted bail to the applicant based on the prosecutrix's statement indicating her affection towards the applicant and the absence of allegations of force or coercion in their relationship.

JUDGMENT

Vivek agarwal, J. - This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail on behalf of the applicant-Lakhan Jatav, who is in custody since 19/12/2021 in connection with Crime No.470/2021 registered at Police Station Tendukheda, Distt. Narsinghpur (M.P.) for the offences punishable under Sections 363, 366a, 376, 376(2)(n) of IPC and also under Section 5L/6 of POCSO act.

It is submitted that investigation is complete, charge sheet is filed. In her statement recorded under Section 164 of Cr.P.C., prosecutrix has clearly mentioned that she has affection towards applicant and she was not aware of the fact nor the applicant that they cannot enter into wedlock before attaining the age of 18 years but they had eloped together and entered into wedlock. She was living out of her own sweet will with the present applicant like husband and wife and there is no allegation of use of force or coercion so to constitute any of the offences. Trial will take time for its conclusion, hence prayer is made to enlarge the applicant on bail.

On the other hand, Shri ajay Tamrakar, learned Panel Lawyer, opposes the bail application.

Taking the fact into consideration the fact that in her statement recorded under Section 164 of Cr.P.C, prosecutrix stated that she has affection with applicant and she was living out of her own sweet will with the present applicant like husband and wife, investigation is complete and charge sheet is filed, this Court deems it appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, the application is allowed.

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

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

The jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona/Omicron Virus, before and after releasing the applicant.

Certified copy as per rules.