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Judgment
Sanjay Dwivedi, J
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime/FIR No.33/2022 registered at Police Station Barela, District Jabalpur for the offence under Sections 363, 376, 376(2)(n), 506, 34 of IPC, section 3,4,5, 6 of POCSO Act and section 3(1)(w-ii), 3(2)(v) of SC/ST Act. The applicant is in jail since 20.05.2023.
Counsel for the applicant submit that at the time of incident, the prosecutrix was minor but later on applicant and prosecutrix entered into marriage after attaining the majority by the prosecutrix. He submits that the prosecutrix is also present in the court and she has no objection, if bail is granted to the present applicant.
Counsel for the prosecutrix, Ms. Sharda Jaiswal is also present in the court and supported the submission made by the counsel for the applicant. Counsel for the prosecutrix has shown the mark sheet of the prosecutrix showing that her date of birth is 08.11.2004. However, Shri Alok Agnihotri, Government Advocate submits that the case diary is not available, therefore, it is difficult for him to ascertain the age of the prosecutrix at the time of the incident. Therefore, he seeks time to produce the case diary.
List this matter on 21.07.2023.
Shri Alok Agnihotri -Government Advocate is directed to call the case diary and on the basis of statement made by the parties comparing with the record, bail application shall be considered.