ORAL ORDER

Learned advocate Mr. Brijesh Ramanuj submits that he receives instructions to appear on behalf of the respondent No. 2- Original Complainant and seeks permission to file Vakalatnama along with affidavit in reply on behalf of the respondent No.2, which is ordered to be taken on record.

Permission as prayed for is granted. Registry to accept the same.

1) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail after filing of charge-sheet, in connection with FIR registered as I-C.R.No. 11187001230228 of 2023 with Bakor Police Station, Mahisagar for the offence punishable under Sections 363, 366, 376(2)(N) of the Indian Penal Code, 1860 and Sections 4, 5,(L) and 6 of the Protection of Children from Sexual Offences Act, 2012.

2) Learned advocate for the applicant has submitted that victim is the sister of wife of the brother of the applicant and they were very well known to each other and in in fact the talks of their marriage were going on. That due to some misunderstanding, the present FIR has been filed.

3) Learned advocate for the respondent No.2 submits that the dispute is amicably settle between the parties and therefore, the complainant has no objection, if the applicant may release on regular bail and the affidavit of the complianant has been filed on record.

4) On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. He has further submitted that the applicant may not be enlarged on bail looking to the antecedents attributed to the present applicant.

5) Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.

6) I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-

i) the applicant is in custody since 30.07.2023 ii) the Investigation is over and the charge-sheet is filed;

iii) trial may take its own course;

(iv) role attributed to the present applicant; and from the records, it appears that the parties are closedly related to each other and the applicant and victim were talking to each otehr on the mobile phone for the last two years.

(v) the appicant is aged 22 years and the victim is

17 years 1 month;

(vi) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.

7) In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8) Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with I-C.R.No. 11187001230228 of 2023 with Bakor Police Station, Mahisagar on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the trial Court and subject to the conditions that he shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) not leave India without prior permission of the Trial Court concerned;

(d) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;

(e) mark presence before the concerned Police Station between 1 st to 10th day of every English calendar month for a period of six months between

11:00 a.m. and 2:00 p.m.;

(f) attend the trial Court regularly and extend full coo