Budihal R.B, J.:— This petition is filed by the petitioner/accused under Section 439 of Cr.P.C seeking his release on bail for the offences punishable under Sections 376(1), 366A and 343 of IPC and also under Section 4 of the POCSO Act, 2012 registered in respondent - police station Crime No 72/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record, so also, the order of the learned Sessions Judge in rejecting the bail application of the petitioner.
4. The mother of the victim girl is the complainant. As per the complaint averments, initially suspicion was raised on the petitioner herein that he might have kidnapped the daughter of the complainant. Thereafter, after return of the victim girl she gave the statement before the police on 25.6.2017 wherein she has stated that she is aged 17 years and that herself and the petitioner were in love with each other and the petitioner took her along with him stating that he will marry her. Her statement also shows that she left the house voluntarily and when they stayed together there was bodily contact between the two. She has also stated petitioner has married her and thereafter they came back to the village.
5. As per the statement of the victim girl even if there is sexual intercourse between the two, prima facie it shows that it is consensual in nature. Now the investigation is completed and charge sheet is also filed. The petitioner has contended in the petition that he is innocent and not committed the alleged offences and he has undertaken to abide by any conditions to be imposed by this Court. The alleged offence under Section 376 of IPC is also not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioner can be granted with bail.
6. Accordingly, petition is allowed. Petitioner/accused is ordered to be released on bail for the offence punishable under Sections 376(1), 366A and 343 of IPC and also under Section 4 of the POCSO Act, 2012 registered in respondent - police station Crime No. 72/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs. 1,00,000/- and furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
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