PAWAN BANJARA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) As per prosecution, on 03.01.2017, present applicant abducted prosecutrix aged about 16 years for the purpose of marriage. Thereafter, he took the prosecutrix at various places and during that period, he committed rape upon her. On 11.03.2020, prosecutrix was recovered from the possession of the present applicant. Thereafter, a case has been registered against the present applicant for the alleged offences.

(2.) Learned counsel for the applicant contended that the applicant is innocent person and has been falsely implicated in this case. He also submits that applicant is in jail since 11.03.2020. Applicant is aged about 24 years. Prosecutrix herself accompanied with the present applicant because they fell in love with each other and they want to marry. The age of the prosecutrix is above 18 years. Prosecutrix has solemnized marriage with the present applicant with her own will. She is carrying 6 months pregnancy, so, no case is made out against the present applicant for the alleged offences. Statement of prosecutrix under Section 164 of Cr.P.C. has been recorded before the trial Court, but she did not allege any fact against the present applicant. She appeared before the trial Court and stated that she has no objection if bail is granted to the present applicant. There is no probability of his absconding or tampering with the evidence of prosecution witnesses. Charge-sheet has been filed. The applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

(3.) Per-contra, learned P.L. for respondent-State opposes the bail application.