Point of law : Rejection of Bail - Court shall not come to the rescue or help the accused who is not cooperating the investigating agency and absconding.

JUDGMENT :

1. This is an application u/s 438 Cr.P.C preferred by the applicant herein with a prayer to grant pre-arrest bail in connection with Tura Women P.S Case No. 46(06)2021 under Section 3 (a)/4 of the POCSO Act.

2. The applicant in this application has referred to the FIR dated 14.06.2021 wherein the Informant therein has made an allegation that the applicant has sexually assaulted one minor girl on 12.06.2021 at about 2:30 PM at Matramchigre village, West Garo Hills District.

3. The version of the applicant is that he is in love with the alleged victim girl for a few months and this relationship was accepted by the parents of the said victim girl and thereafter, since the month of June 2021, they had stayed together as husband and wife.

4. The applicant has also stated that the victim girl is not a minor as alleged, but as per the birth certificate, her date of birth is 07.01.2002. This is also reflected in her school certificate, Adhaar card, Pan card and other vital documents which shows that as on the date of filing of the said FIR, she is more than 19 years of age and is therefore an adult and there is no bar for her to enter into a marital relationship on her own accord.

5. However since the marriage tie between the applicant and the alleged victim girl was not agreeable by one of her relative and a few local Non-governmental Organizations (NGOs), the Headmaster of the local school in which the victim girl was studying was forced to issue a school certificate to show the date of birth of the victim girl as 07.01.2005.

6. In view of the fact that the police had come to his residence in search of him, he is therefore apprehensive of being arrested in connection with the said Tura Women Police Case No. 46(06) 2021. Hence this application.

7. Mr. A.H. Hazarika, learned counsel appearing on behalf of the applicant has submitted that the FIR was filed by a third person who has forcibly taken the signature of the father of the alleged victim when in fact, the father and family of the victim has no objection to the relationship between the victim and the accused/applicant herein and as such, the said complaint is not correct.

8. Another contention raised by Mr. Hazarika is that the documents which are in the possession of the victim girl Viz; the birth certificate, the Adhaar card etc. all recorded the date of birth of the said victim girl as 07.01.2002, however the one which was in the possession of the I/O, particularly the Transfer Certificate from the School which shows the date of birth of the victim girl as 07.01.2005 is not the correct one since it was procured only by forcing the Headmaster to issue the same.

9. Again, learned counsel for the applicant has submitted that the said victim girl is living with the accused/applicant and is now pregnant for about three months and as stated earlier, the family of the girl are not objecting to the said union instead only some NGOs are against inter-caste marriage and are objecting to the same.

10. It is finally submitted that the applicant may be allowed to go on anticipatory bail with any conditions and that he will fully co-operate with the I/O if the liberty prayed for is granted.

11. Mr. B. Bhattacharjee, learned AAG seeking to contradict the submission and contention of the learned counsel for the applicant has submitted that this matter is to be considered from many aspects, some of which are factual in nature, though the same are yet to be proved in due course. However, what has to be prima facie establish is whether the victim girl is a minor or major at the time of the incident.

12. The learned AAG has also submitted that the documents annexed by the applicant in this instant application particularly those relating to the age of the victim girl has to be carefully scrutinised in the factual and circumstantial context, inasmuch as, such documents should not be questionable.

13. In this regard, the learned AAG has submitted that the documents annexed by the applicant in his app