JUDGMENT

1. Barely 14 years child herself, when the mother in her was born as the prosecutrix bore her first child, forced by the heinous sexual assault of her stepfather, her supposed protector turned predator. Later the infant was given in adoption. Shattered, she found solace and dignity when the applicant herein accepted her as his lawful bride. Both got married on 04.06.2024 under Islamic law. The couple is now also blessed with another child born from their wedlock. Stepfather is in judicial custody and facing trial in FIR No. 513/2024 dated 13.08.2024 under Sections 376 (2)(n) of IPC & 6 of POCSO Act.

2. In this backdrop, the stepfather of prosecutrix had earlier lodged an FIR against the applicant herein i.e. F.I.R. No. 390/2024 dated 15.06.2024 under Sections 363 registered at P.S. Khyala. Subsequently, Section 376 of IPC and 6 of POCSO Act was added in the chargesheet. The applicant was arrested on 06.10.2024, whereas the prosecutrix herself beseeches bail for him (her husband/the applicant). Applicant before this court, has thus been under incarceration for over 11 months, as an under-trial/accused. His alleged crime being that he married a minor. Husband’s age (24 years)