SHOBIT NIGAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application on behalf of applicant under Sec. 439 of the Code of Criminal Procedure for grant of bail.

(2.) Applicant is in custody since 23/10/2021 in connection with Crime No. 329/2021 registered at Police Station Bareli, District Raisen for the offences punishable under Ss. 363, 366, 376 (3), 376(2)(n) of the Indian Penal Code and Sec. 5(L)/6 of the POCSO Act.

(3.) Learned counsel for the applicant submits that as per the case of the prosecution, the age of the prosecutrix is below 18 years. He submits that from the statement of the prosecutrix recorded under Sec. 164 of Cr.P.C. it is clear that she developed the physical relation with the applicant by her own consent/wish. He submits that although the prosecutrix wanted to marry with the applicant, but somehow the marriage could not take place. He submits that the prosecutrix herself has stated that since applicant is not agreeing for marriage, therefore, she wants to prosecute and convict him. He submits that applicant is ready to marry with the prosecutrix, but at present she is a minor and, therefore, marriage is not possible. He also submits that the parents of the prosecutrix are in fact demanding money from the applicant for allowing her to marry with the applicant.