LAKHAN JATAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed under Sec. 439 of the Code of Criminal Procedure for grant of bail on behalf of the applicant-Lakhan Jatav, who is in custody since 19/12/2021 in connection with Crime No.470/2021 registered at Police Station Tendukheda, Distt. Narsinghpur (M.P.) for the offences punishable under Ss. 363, 366A, 376, 376(2)(n) of IPC and also under Sec. 5L/6 of POCSO Act.

(2.) It is submitted that investigation is complete, charge sheet is filed. In her statement recorded under Sec. 164 of Cr.P.C., prosecutrix has clearly mentioned that she has affection towards applicant and she was not aware of the fact nor the applicant that they cannot enter into wedlock before attaining the age of 18 years but they had eloped together and entered into wedlock. She was living out of her own sweet will with the present applicant like husband and wife and there is no allegation of use of force or coercion so to constitute any of the offences. Trial will take time for its conclusion, hence prayer is made to enlarge the applicant on bail.

(3.) It is directed that applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000.00 (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Sec. 437(3) of the Cr.P.C.