The discrepancy in the recorded date of birth of the prosecutrix and the totality of facts influenced the court's decision to grant bail to the applicant.

JUDGMENT

Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.5/2021 registered at Police Station Civil Line, Dewas under Section 366, 363, 376(3), 376(2)(n) of the IPC and Sec.5(L)/6 of POCSO act.

Learned counsel for applicant submits that from reading the statement of the prosecutrix u/S.164 Cr.P.C, it is clear that she was a consenting party. She has also married the present applicant. The date of birth recorded in aadhar Card is 5/10/2003 and she was major on the date of the incident.

Counsel for State submits that the age of the prosecutrix as per the school scholar register is 11/5/2006 and, therefore, she was minor on the date of the incident.

However, taking into consideration the totality of facts of the case and the statement of the prosecutrix and also the fact that in the aadhar Card the date of birth is recorded of year 2003 and the parents have also disclosed the different dates in their statements, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that applicant arun shall be released from custody upon furnishing a personal bond of Rs.50,000/-(Rupees Fifty thousand Only) with one surety of the like amount to the satisfaction of the learned Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTaGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order be forwarded by the Registry to the office of the advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below.