Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.

JUDGMENT

Deepak Kumar Agarwal, J. - This is the first application u/S.439 Cr.P.C filed by the applicant for grant of bail.

2. The applicant was arrested on 22.02.2023 by Police Station- City Kotwali District- Bhind (M.P.) in connection with Crime No.09/2023 for the offence punishable under Sections 363 further added 376 of IPC and section 5/6 of POCSO Act.

3. Prosecution story, in short, is that on 07.01.2023 at 07:50 pm mother of the prosecutrix lodged a report at Police Station Bhind Kotwali District Bhind that on 03.01.2023 at 10:30 am her daughter had gone for appearing in half-yearly examination but she has not returned back to the house. She alongwith her son searched the prosecutrix here and there but to no avail. Complainant expressed the doubt that somebody took her with him by persuading her. On her report, crime No.09/2023 for the offence punishable under Section 363 of IPC was registered against unknown person. Thereafter, prosecutrix was recovered on 21.01.2023 and her statement was recorded in which she has stated that she is aged about 17 years and 8 months and studying in 10th Class. She met with present applicant six months before. They developed friendship and started liking each other. On 03.01.2023 at 10:30 am she had gone to appear in exam. After finishing exam, she called present applicant. She told present applicant that she wants to solemnize marriage with him and wants to elope with him. Thereafter by bus they reached Gwalior. Afterwards they went to Delhi. They took a room on rent at Gaziabad. On 30.01.2023 they solemnized marriage in a temple and started living together like husband and wife and developed physical relations. 1-2 days before Police came and caughhold of them. Prosecutrix was sent for medical examination.

4. It is stated in the memo of application that the applicant is innocent and he has been falsely implicated in this case. Present is a case of consent. The applicant is permanent resident of District Bhind and there is no possibility of his absconding or tempering with the prosecution case. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court.

5. Hence, by filing this bail application, prayer is made to enlarge the applicant on bail.

6. Learned Public Prosecutor opposed the bail application and prayed for its rejection.

7. Looking to the facts as mentioned in the memo of application and on going through the case diary, without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes a cash security of Rs.25,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail.

8. He will present during trial before the trial Court on each and every date.

9. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice.

10. Application stands allowed and disposed of.

11. Copy of this order be sent to the trial Court concerned for compliance.

12. Certified copy as per rules.