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Judgment
Sanjay Dwivedi, J
This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime/FIR No.07/2022 dated (not mentioned) registered at Police Station Rangnathnagar District Katni, for the offence punishable under Sections 363, 366, 305, 34 of IPC. Applicant is in jail since 04.02.2022.
Learned counsel for the applicant submits that the deceased eloped with the present applicant and at that time, she was aged about 17 years and they entered into marriage and started living together as a husband and wife, but after sometime of marriage, she committed suicide. He submits that although the prosecution shown the age of deceased below 18 years but otherwise she was major. He submit that suicide committed by the girl was not because of present applicant but there was some other reason. Even otherwise, he submitted that looking to the period of custody i.e since 04.02.2022, applicant's bail application can be considered because offence under sections 363, 366 of IPC has been registered only because the deceased was shown to be minor otherwise she had gone with the present applicant as per her own will.
O n the other hand, learned counsel for the State has opposed the bail application and submits that at the time of incident committing suicide the deceased was minor even otherwise when marriage was also been solemnized she was not eligible to get married and was minor, therefore offence rightly registered against the present applicant. According to him, the bail application deserves to be rejected.
Considering the arguments advanced by the learned counsel for the parties and nature of incident, age of the prosecutrix and period of custody, I am inclined to allow this application. Accordingly, without commenting anything on merit of the case, this application is allowed.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.
I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.