JUDGMENT (ORAL)

1. The Petitioner has approached this Court for grant of regular bail in FIR No.28/2022 dated 05.01.2022, registered at Police Station Mundka for an offence punishable under Section 363 IPC.

2. Material on record discloses that on 31.12.2021, a missing complaint was made by the father of the victim stating that his eldest daughter aged about 19 years left her home on 31.12.2021 and since then she is missing. FIR was got registered on 05.01.2022 by the father of the victim stating that his daughter went out from home on 31.12.2021. It is stated that though the age of the victim was given as 19 years on 31.12.2021 but she was actually about 17.5 years of age at the time when the complaint was lodged on 05.01.2022. The complaint records that the victim went out of the residence at 02:00 PM for school related activities at a friend’s house. It is stated that the victim was a student of 9^th Standard in a school in Delhi. It is stated that the father of the victim tried to search the victim but she could not be traced. It is stated that later on the father of the victim came to know that his daughter/victim has been misled by the Petitioner herein who took his daughter along with him. On the statement of the father of the victim, the present FIR was registered against the Petitioner.

3. Material on record indicates that the Petitioner and the victim were recovered on 03.03.2022 from Peeragarhi Chowk, Delhi. On the very same day i.e., 03.03.2022, the statement of the victim was recorded under Section 164 Cr.P.C. In the statement, the victim has stated that she went to the house of her friend after informing her mother where she had called the Petitioner for a meeting. It is stated that they were planning for a New Year Party and decided to go to Metro Walk but it was later cancelled. It is stated that she wanted to meet the Aunt of the Petitioner and then they went to the house of the Petitioner’s Aunt at Laxmi Nagar by Metro but by the time they reached there, it was evening. It is stated that she was receiving phone calls from her parents but out of fear she switched off her mobile phone. It is stated that the Petitioner was from Madhya Pradesh and, therefore, they purchased tickets from Kashmiri Gate and they went to Madhya Pradesh and started residing there in a rented accommodation which was arranged by a person who was Senior to the Petitioner in his office. It is stated that they resided in Madhya Pradesh for 15 days and, thereafter, they went to Hajipur, Patna. It is stated that on coming to know that the father of the victim had filed a case, they took a train from Hajipur, Patna to New Delhi and, thereafter, a call was made to the police. Medical examination of the victim was conducted before the Doctor and before the Doctor the victim stated that she had eloped with the Petitioner and no complaints were given by the victim against the Petitioner.

4. Material on record further indicates that after about 23 days i.e., on 26.03.2024, another statement of the victim was recorded under Section 164 Cr.P.C. In her statement, the victim stated that she lied to her mother that she had gone to the house of her friend. It is stated that the Petitioner wanted to meet her and wanted to celebrate New Year with her but later on the Petitioner cancelled the program. It is stated that the Petitioner told her that he would take her to his Aunt/Bua’s house at Laxmi Nagar and drop her at home by 05:00 PM. It is stated that by the time they reached the Aunt’s house of the Petitioner and had tea & snacks, it was already 06:00 PM. It is stated that the victim was receiving phone calls from her parents and out of fear she switched off her mobile phone. It is stated that when the Petitioner was accompanying the victim outside his bua’s house, he told the victim that that her parents are searching for her and if she goes back, they would kill her. It is stated that the Petitioner, thereafter, took the victim to Madhya Pradesh and they s