JUDGMENT

AMIT MAHAJAN, J

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, (‘Cr.P.C’), for the grant of regular bail in FIR No. 181/2021, dated 18.04.2021, under sections 363/366/376/506 of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Chhawala.

2. The FIR was registered pursuant to a complaint made by the father of the victim dated 17.04.2021, alleging that his daughter who is 15 years of age is missing since 4:00 p.m. from their house. The FIR with respect to the same was registered on 18.04.2021.

3. On 16.05.2021 the victim was rescued by her father and was brought to the Police station on 20.05.2021, where her statement under section 161 Cr.PC. was recorded.

4. In her statement, the victim stated that her father used to work in co-accused Mahboob’s Gaushala and a boy named Babul also used to work there. She stated that on 17.04.2021 when the victim was alone at her home, Babul came and forced her to go along with him. She stated that she was forced to sit in an autorickshaw and was taken to Gurgaon, and was told by Babul that he has received Rs. 21,000/- from Mahboob. 5. She further stated that on 21.04.2021 Babul took her to Assam via flight and threatened her with dire consequences if she did not inform the people present that she was 18 years old. For the next few days, they stayed at different places and she was finally taken by Babul to his village where she met Babul’s father and they discussed plans to marry the victim however, the same could not happen due to her young age.

6. She stated that on 28.04.2021, Babul brought her to Gurgaon via train and stayed with her in a rented accommodation whereupon Babul made sexual relations with her.

7. On 14.05.2021 the Victim contacted her father and gave him information regarding her whereabouts, following which on 16.05.2021 the victim’s father along with her maternal Uncle recovered her from the premises.

8. The applicant was thereafter arrested on 26.05.2021.

9. The learned Counsel for the applicant submitted that the learned Trial Court while dismissing the bail application by its order dated 23.08.2022, passed the order on conjectures and surmises and not on the basis of records.

10. The learned Counsel submitted that the present applicant was not 21 years of age as stated in his Voter Id card and was merely 19 years old at the time of alleged offence. The applicant and the victim (who was around 15 and a half years of age) got into a love affair, being unaware of the consequences. She relied upon the copy of Birth Certificate issued by Department of Health Services, Government of Assam.

11. The learned counsel further submitted that there are material contradictions / inconsistencies in the statements given by the victim under Section 161 and Section 164 Cr.PC and the examination-in-chief. 12. Lastly, the learned Counsel submitted that the chargesheet has already been filed and the trial is likely to take time since there are 28 witnesses in the main chargesheet, and the applicant is under judicial custody since 26.05.2021. She submitted that the complainant and the victim have already been examined, therefore no purpose would be served by keeping the applicant in further incarceration.

13. The learned Additional Public Prosecutor opposed the grant of the bail and submitted that the victim has supported the case of the prosecution and had reiterated the same allegations as levelled against the applicant in her statement under section 164 Cr.PC. He submitted that during the investigation, the age of the victim was also confirmed to be 15 years at the time of the incident.

14. He further submitted that during the investigation, documents were seized through the maternal uncle of the victim from the bag of the victim which contained the boarding pass in the name of the present applicant of Air Asia flight No – 15776 PNR No YYTD9R, seat No - 34A, From Ne