ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.NO. 11823026240180 of 2024 registered with Aamletha Police Station, Narmada for the offences punishable under Sections 376(2)(n) and 376(3) of the IPC and Sections 4 and 6 of the POCSO Act.

2. Learned advocate for the applicant has submitted that in present case, the investigation is over and charge-sheet has been filed. The present applicant is not the main accused in the present offence. The main accused had been considered for grant of bail, and therefore, on the ground of parity, the present applicant may be enlarged on bail.

2.1 Learned advocate for the applicant has submitted that the concerned Sessions Court in its order dated 03.06.2024 while dismissing the bail application filed by the applicant has observed that the DNA of the fetus of the prosecutrix had matched with the DNA of the present applicant. However, the said observation is erroneous, as the same concerned Court in its order dated 27.06.2024 has observed that the DNA of the fetus had not matched with the DNA of the present applicant. He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions.

3. Learned APP has opposed the present application, inter alia, contending that the age of the prosecutrix was merely 11 years at the time of incident and because of the relations between the present applicant and the prosecutrix, she conceived pregnancy. He, therefore, submitted to dismiss the present application.

4. Heard learned advocates for the parties and perused the material available on record. At the outset, it is required to be noted that the present applicant happens to be the brother in law (Banevi) of the prosecutrix. The statement of the prosecutrix has been recorded under Section 164 of the Code of Criminal Procedure. In the said statement, she has categorically stated that the present applicant, who happens to be the husband of her sister used to come to her place to Village:Taropa where she was stayed all alone. Initially, the present applicant used to come to her place with his wife i.e. her sister. Thereafter, since her sister was having a small child, the applicant used to come to her place alone to deliver vegetables, which were sent by her mother. Having found the prosecutrix alone in the house, the applicant herein had forced himself upon her and though she had asked the present applicant not to be physical with her, he had established physical relations with her against her will. Because of the said relations, she was impregnated and had delivered a baby premature, which had died. The age of the prosecutrix at the relevant time was merely of 11 years. Having regard to these aspects, no case is made out to release the present applicant on bail. Hence, the present application stands dismissed.

(M. R. MENGDEY,J)

GIRISH