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Judgment
Atul Sreedharan, J
This second application under section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant Sultan in connection
with Crime No.114/2021 for the offences punishable under sections 363, 366 and 376 IPC and sections 3 and 4 of the Protection of Children from
Sexual Offences Act 2012, registered at Police Station Chhipad, district Harda. The applicant herein is in judicial custody since 22.2.2021 in the
aforementioned case.
Learned counsel for the applicant has read out from the 164 statement of the prosecutrix who is aged about 15 years and 4 months. The applicant
himself is only 19 years of age.
In the 164 statement, the prosecutrix has clearly stated that she was romantically inclined with the applicant herein and wanted to marry the applicant
but her parents were forcing her to get married elsewhere and on the date of the incident it was she who called up the applicant asking him to take her
away from her home and the applicant told her to get married as per the wishes of her parents. At that point, the prosecutrix says that she will do
anything and take her own life. Upon which, the applicant had picked up her from home and they eloped together and she says that thereafter in the
jungle, the applicant despite her protest, committed sexual intercourse.
Learned counsel for the State has objected to bail being granted to the applicant herein on the ground that the prosecutrix is a minor.
Prima facie, the entire 164 statement of the prosecutrix shows consent of the prosecutrix and the allegations against the applicant is one of statutory
rape rather than forceful rape.
Under the circumstances, the application is allowed. It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond
in the sum of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial court.
The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the Novel Corona Virus (COVID-19)
disease and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of
residence by the jail authorities.
Certified copy as per rules.