O R D E R

Counsel for the respondent / State has informed this Court that notice has been duly served upon the prosecutrix.

This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 04/07/2022 in connection with Crime No.268/2022 registered at Police Station – Ghattiya, District Ujjain (M.P.) for commission of offence punishable under Section 363, 366-A, 376(2)(n) and 34 of the Indian Penal Code, 1860 read with Section 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 10 of the Bal Vivah Nishedh Adhiniyam.

As per prosecution story, on 22/06/2022 complainant launched an FIR at Police Station Ghattiya, District Ujjain by stating that since the intervening night of 21/06/2021 his minor daughter / prosecutrix is missing from his home along with cash of Rs.10,000/-, mark sheets, Aadhar Card, Pass Book and ATM Card and he has doubted that present applicant abducted her daughter. During the investigation prosecutrix was recovered and it has been gathered that the present applicant abducted the minor prosecutrix and took her with him and committed rape upon her several times.

Accordingly, offence has been registered against the applicant. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 04/07/2022. Investigation is over and charge sheet has been filed. Prosecutrix (PW-1) has been examined before the trial Court and she has turned hostile. She has categorically stated that she has solemnized marriage with the present applicant and is living with him as husband and wife. Applicant is the permanent resident of Dewas district and final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection.

Perused the impugned order of the trial Court as well as the case diary.

After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that prosecutrix (PW-1) has categorically stated in her statement that she was major at the time of incidence; she at her own sweet will solemnized marriage with the present applicant; they have also contracted Court marriage and thereafter, they solemnized their marriage according to Saptpadi as per Hindu rituals and are living together as husband and wife and final conclusion of the trial will take sufficient long time. In these circumstances, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.

It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA)

J U D G E Tej