Deepak Kumar Agarwal, J
This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
According to prosecution case, the father of the prosecutrix lodged a report at Police Station Chanderi, District Ashok Nagar alleging that on
05/05/2021 at about 10 am, his daughter aged about 17 years 11 months 23 days, had gone to the school but she did not come back to home. On his
report, an offence under Section 363 of IPC bearing Crime No.223/2021 was registered against unknown persons and matter was investigated and
during investigation, the prosecutrix was recovered from the possession of present applicant- accused Hari Singh at Nayakheda, Chanderi and the
statement of the prosecutrix was recorded. Afterwards, offences under Sections 366A, 376(2) of IPC and Section 5(L)/6 of Protection of Children
from Sexual Offences Act [in short '' POCSO Act''] were added. In her statement, the prosecutrix narrated that she along with applicant-accused had
gone to Ahmedabad (Gujarat) on 06/05/2021 and in a temple, they got married as per Hindu rites and rituals. Applicant-accused took a room in rent
and they were living there just like as husband and wife and thereafter, they got the marriage registered before the Marriage Registration Officer,
Dariyapur Nagar Nigam, Ahmedabad (Gujarat).
It is submitted by learned Counsel for the applicant that the applicant has falsely been implicated in the case. The applicant is in custody since
25/05/2021 and conclusion of trial will take some time. There is no possibility of his absconding or tampering with the prosecution evidence. Hence, it
is prayed that the applicant may be enlarged on bail.
On the other hand, the application is vehemently opposed by learned Counsel for the State and prayed for its rejection.
Heard both the Counsel through Video Conferencing.
Looking to the nature of offence as well as the allegations made against the applicant coupled with the fact that applicant is in custody since
25/05/2021 and conclusion of trial will take time, this Court is of the opinion that the application should be allowed and by allowing the application, it is
ordered that if the applicant furnishes a bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the
satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date.
Application stands allowed and disposed of.
E- copy/certified copy of this order be sent to the trial Court concerned for compliance.
Certified copy per rules.
