ORDER

1. This is the first application under Section 439 of Criminal Procedure Code, 1973. Applicant is implicated in connection with Crime No.239/2021 registered at Police Station Namli, District Ratlam (MP) for offence punishable under Section 363, 366, 376 (2) (n), 506 of IPC and S. 3(1) (w) (ii), 3(2) (v), 3(2) (va) of SC/ST Act and S. 5(j-ii), 6 of POCSO Act. The applicant is in custody since 27.08.2022.

2. As per the prosecution, on 12/07/2021 a complaint was lodged by the complainant, father of the prosecutrix to the effect that the prosecutrix, a minor, is missing and cannot be traced out despite best efforts. On the complaint a missing person report was registered and search for the prosecutrix was made and she was eventually recovered on 27.08.2022 from the custody of the applicant and upon recording of her statement to the effect that she had gone alongwith the applicant and had developed physical relationship with him, the applicant has been implicated and arrested for the present offence.

3. Learned counsel for the applicant submits that in her statement recorded under Section 164 of the Cr.P.C. the prosecutrix has stated to have been in love with the applicant and having gone alongwith him out of her own will and consent. No force or pressure was exercised by the applicant upon her for the same. She developed physical relationship with him willingly. Moreover the prosecutrix has been examined before the trial Court and her apparent age has been recorded by the Court to be 21 years. She has not supported the prosecution case and has been declared hostile and has stated that she had known the applicant and had willingly gone alongwith him and applicant had not exercised any force upon her. She has also married the applicant and has delivered a child from him. She has stated that she wants to live with the applicant. On such grounds prayer for grant of bail to the applicant has been made.

4. The aforesaid prayer has opposed by the learned counsel for the respondent/State submitting that in view of the allegation levelled against the applicant, he is not entitled to be released on bail.

5. I have heard learned counsel for the parties and have perused the case diary.

6. In her statement under Section 164 of the Cr.P.C. itself the prosecutrix stated that she was in love with applicant and had gone alongwith him willingly and had developed physical relationship with him out of her own will. No force or pressure was exercised by the applicant upon her for the same. The prosecutrix has been examined before the trial Court and she has been declared hostile and has not supported the prosecution case. She has stated that she willingly went with the applicant and has eventually married him and has also delivered his child. She has stated that both of them are now living cordially.

Thus in my opinion, in view of the statement of the prosecutrix, the applicant deserves to be enlarged on bail.

7. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

8. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.

(PRANAY VERMA) JUDGE Shilpa