P. Sam Koshy, J
1. This is the first bail application seeking for grant of bail to the Applicant who is in jail since 22.02.2018 in connection with Crime No. 62 of 2018
registered at Police Station Newra, Distt. Raipur, for the offence punishable under Sections 363, 366, 376 IPC and under Sections 4 & 6 of POCSO
Act.
2. As per prosecution case, the applicant is said to have abducted the prosecutrix, a minor girl, and have kept her in confinement without consent of
her parents and have had physical relationship with the prosecutrix for a considerable period of time and it is only after FIR lodged by the mother and
on subsequent investigation, the prosecutrix could be recovered. It is a case where the prosecutrix is said to have gone along with the applicant on
04.02.2018 and she remained with the applicant till 22.02.2018 when she was ultimately recovered.
3. Learned Counsel for the applicant submits that a plain reading of the statement of the prosecutrix under Section 161 so also under Section 164
CrPC would reveal that there is a clear case of consent given by the prosecutrix and that she voluntarily eloped along with the applicant as they were
having love affair since long. Thus, prayed that the present applicant be released on bail.
4. The State counsel opposing the application submits that the prosecutrix was a minor on the date of incident and irrespective of whether she is a
consenting party, the fact that she is a minor would dis-entitle him from any bail.
5. Without commenting on merits, considering the totality of the facts and circumstances of the case particularly taking note of the statement of the
prosecutrix wherein she has categorically stated of having voluntarily gone along with the applicant and stayed with him for a considerable period of
time, and further from her statement there does not appear to be any coercion or false assurance put by the applicant, this Court is of the opinion that
the present is a fit case where the Applicant can be enlarged on bail.
6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond
for a sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed.
