On 17.06.2020, the prosecutrix a 16 year had gone missing from her house for one month. FIR was lodged on 17.02.2021 when she was nowhere to be found. Prosecutrix was recovered from the possession of the applicant/accused. It is alleged by the prosecution that the appellant-accused kidnapped and took her to various places. Thereafter, the applicant/accused committed intercourse with her.
Learned counsel for the appellant submitted that the appellant had been falsely implicated in this case. The appellant also submitted that at the time of the incident, the prosecutrix was above 18 years old and the appellant- accused was 23 years old. Both loved each other but the parents of the prosecutrix were not ready to accept their relationship so the prosecutrix had voluntarily accompanied the appellant.
Thereafter, they ran away and were residing as husband and wife but the prosecutrix was recovered. Thereafter, the prosecutrix was pressured to give false statements against the applicant/accused. During the investigation, the statement of the prosecutrix was recorded under Section 164 of Cr.P.C. She stated that she wants to solemnize marriage with the applicant/accused and also wants to reside with him. She has no objection to granting bail to the applicant/accused.
Appellant-accused is in custody since 17.02.2021. Charge-sheet had been filed. As the appellant had no previous criminal antecedent and the conclusion of the trial will take time for final disposal due to the
COVID-19 pandemic and also there is no probability of his absconding or tampering with the prosecution, the learned counsel on these grounds prayed for grant of bail for the appellant.
The bail application was opposed by the learned Panel Lawyer, the learned counsel for the complainant submitted that the Prosecutrix and applicant loved each other and they want to solemnize marriage with each other and complainant had attained the age of discretion, she is above 18 years. So Prosecutrix has no objection to granting bail to the applicant/accused. By considering the contention of both the parties, circumstances of the case, and the age of prosecutrix is disputed, appellant-
Accused is 23 years old, so it appears that it is a matter of love an affair, appellant-accused is in custody since 17.02.2021, charge-sheet has been filed, it is the time of COVID-19 due to this conclusion of the trial will take time for final disposal, there is no probability of his absconding or tampering with the prosecution evidence.
Considering all the submissions the court concluded that, it would not be appropriateto keep the appellant in jail during the whole trial, therefore without commenting
on merits, an appeal for Bail by the was allowed.
The court concluded that the Jail authority shall ensure the medical examination of the appellant by the jail doctor before his release and the appellant shall not be released if he is suffering from 'Corona Virus
disease' and If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in an appropriate quarantine facility.