ORDER

Notice has been served on prosecutrix.

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 9.1.2023 in connection with Crime No. 476/2022 registered at P.S. - Ghattiya District Ujjain (M.P.) for commission of offence punishable under Section 370(a), 376(f)(n), 34, 120B of IPC and Section 5D/6 of POCSO Act and Section 9,10,11 of Baal Vivah Adhiniyam.

As per the prosecution story, father of prosecutrix lodged a missing person report at police station Ghattiya by stating that his minor daughter/prosecutrix is missing from home. The family members tried to search her everywhere but she could not find. During investigation prosecutrix was recovered from the possession of applicant and she told that applicant abducted her and committed rape upon her several times. It is also alleged that applicant got married with prosecutrix without consent of her parents.

Accordingly a case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 9.1.2023.

Investigation is over and statement of prosecutrix has been recorded before the trial court, she has turned hostile and not supported the prosecution case, but final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that prosecutrix was minor at the time of incident.

Perused the case diary as well as the impugned order of the court below.

Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that prosecutrix (PW-1) has been examined before the trail court and she has turned hostile and she categorically stated in her statement that present applicant neither abducted her nor committed any rape upon her, her marriage was solemnized with the applicant with her own consent, and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- (Rs. 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 the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE BDJ