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Judgment
This is First application under Section 438 of the Cr.P.C., by which the applicant is apprehending his arrest in connection with Crime No.292/2018, registered at Police Station-Maingaon, District-Khargone for commission of the offence punishable under Sections 363 and 366 of the IPC.
As per prosecution case, on 30/08/2018, complainant-Kamal Yadav lodged a missing report of his daughter and he raised suspicion that the applicant took his daughter by alluring her.
Learned counsel for the applicant submitted that the prosecutrix is a major girl aged about 18 years at the time of alleged incident and this fact is also substantiated by her mark-sheet of Board of Secondary Education, M.P., 2018, in which the date of birth of the prosecutrix is mentioned as 09/04/2000. It is also submitted that the prosecutrix had gone with the applicant out of her own will and she contracted marriage with the applicant and now she is residing with the applicant as his wife. In this regard, she has also sworn an affidavit before this Court. The applicant is ready to cooperate with the investigation. There is no possibility of his absconsion or tempering with the evidence. Under these circumstances, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.
On 27/09/2019, this Court directed the learned Public Prosecutor to verify the documents filed by the applicant in support of bail application and submit its report, however, neither the learned Public Prosecutor has verified the aforesaid documents nor filed any verification report till today, even after giving sufficient time.
The prosecutrix is present in person before this Court and she categorically stated that she has contracted marriage with the applicant and now she is living with him as his wife. She also submitted that she has no objection in granting anticipatory bail to the applicant.
Considering the facts and circumstances of the case, but without commenting on the merits of the case, I deem it proper to grant anticipatory bail to the applicant. Accordingly, this application is allowed. It is directed that in the event of arrest, applicant be released on anticipatory bail on his executing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigating Officer).
The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.