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Judgment
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 103/2019, Police Station Ghantali, District Pratapgarh for the offences under Sections 363 & 366 of I.P.C. and Section 3/4 of POCSO Act, 2012.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that as per the statement of the victim, she has stated that she had gone with the present petitioner of her own free will and volition. He, therefore, prays that the petitioner may be enlarged on bail.
Learned Public Prosecutor opposes the bail.
Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence and the fact that the age of the victim in the present case is stated to be only 16 years and even if, she has stated in her statement under Section 164 of Cr.P.C. that she had gone with the petitioner of her own free will and volition, the same is of no consequence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 of Cr.P.C. to the petitioner at this stage.
Dismissed accordingly.