KISHAN Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail in case FIR No. 284/2021 under Ss. 363/376 IPC and Sec. 6 of the POCSO Act registered at Police Station Amar Colony.

(2.) It is submitted by the counsel for the petitioner that petitioner has been falsely implicated in this case. He further submitted that petitioner is in judicial custody since 8/6/2021. He further submitted that complainant got married with petitioner out of her own free will without any coercion force or pressure, and since then they both have been living and enjoying matrimonial life happily. He further submitted that complainant is peacefully living in her matrimonial home. He further submitted that marriage of the petitioner and complainant was duly accepted by the parents of the complainant and they used to visit the matrimonial home of the complainant from time to time. He further submitted that petitioner always endeavoured to provide all the comforts and happiness to his wife, complainant herein. Learned counsel for the petitioner further submitted that on 7/6/2021 i.e a day before lodging the said FIR complainant 's father had a fight with her daughter and the petitioner, and being the caring husband he tried to protect her and defend her against her father. So, the father of the complainant made a call at 100 number and made false and baseless complaint against the petitioner just to satisfy his ulterior motive. He further submitted that the statement of the complainant was recorded under Sec. 164 Cr.P.C in which she has specifically stated that she left her parents home as her parents used to mentally and physically torture her and they stopped her education, and they always used to say that they would send her to brothel. He further submitted that on 9/6/2021 the medical examination of the complainant was done, in which she narrated that she knew the petitioner herein since she was 10 years, and she married the petitioner and thereafter had sexual relation after marriage. She also stated that her parents were aware of the marriage and accepted the same as well. She also stated that her parents had filed the complaint for kidnapping and rape against the petitioner on 8/6/2021 which is false. Learned counsel for the petitioner further submitted that investigation has already been completed and chargesheet in this case has been filed qua the petitioner herein.

(3.) It is further submitted by the learned counsel for the petitioner, as per the date of birth certificate, was a young boy aged around 18 years at the time of the incident, and in these circumstances, no useful purpose would be served by keeping him in judicial custody, and now he has minor child of six month 's old to look after.