UNIPACK Vs. ADDITIONAL COMMISSIONER CGST

JUDGEMENT

(1.) The present bail application under Sec. 483 of BNSS is filed by the applicant-accused Bablu S/o Devilal seeking bail in respect of a criminal case registered as FIR No.89/2024 dtd. 1/3/2024 registered at P.S. Ghatoli, District- Jhalawar, for the offence under Ss. 363, 366, 344 and 376(2)(N) of the IPC and Sec. 5L/6 of POCSO Act.

(2.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon'ble Court. The applicant does not have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

(3.) Learned counsel for petitioner submitted that for incident of 8/2/2024 a report under Sec. 363 IPC was registered by maternal uncle of victim on 1/3/2024 and further victim was recovered on 19/12/2024. He further submitted that both petitioner accused and victim have solemnized marriage with each other and they were happily living when victim was recovered by police. He further submitted that statement of victim were recorded under Ss. 161 and 164 Cr.P.C. wherein she has not alleged anything against the petitioner accused. He further submitted that after filing of charge-sheet the statement of victim was recorded as PW-1 and in cross-examination she has admitted consensual relation with petitioner accused and factum of marriage with petitioner accused. He further submitted that he had a video conferencing meeting with petitioner accused who is in custody and he reiterated that he is willing to live with victim as husband and wife. He undertakes on behalf of petitioner accused that if victim is willing then, he will live with victim. He further submitted that at the most this is a case of child marriage but there is no use of criminal force in the matter. He also submitted that the statement of parents of victim were already recorded by the trial court.