1. This application is filed for grant of regular bail under Section 439 of the Code of Criminal Procedure by the applicant in connection with CR No.I-4 of 2012 registered with Maninagar police station for the offences punishable under Sections 363, 366, 376, 342, 406, 420,120(B) and 114 of the Indian Penal Code and Sections 3,5 and 7 of the Prevention of Child Marriage Act.
2. It is the case of the prosecution that the prosecutrix, below 16 years of age, had left her home as she was scolded by her parents. Taking disadvantage of her solitude, the accused Nos.1 to 4, as mentioned in the complaint, had taken her to their residence. They also, thereafter, alleged to have conspired to sell the girl to marry the present applicant for Rs.1.5 lakhs. She was though a child and was not eligible to get married, she was married in lieu of the amount of Rs. 1.5 lakhs to the present applicant, who is a disabled.
3. It is urged by the learned advocate for the applicant himself that he is physically challenged and he is not involved in either taking or giving the amount. He himself is a victim, as he, in bona fide belief that she is ready and willing to marry him, has married to the girl. He further urged that she was being treated respectfully as a wife and in such circumstances, he should be enlarged on bail.
4. Learned Additional Public Prosecutor Mr. M.G.Nanavati, fervently urged that this is a case of child marriage and abuse of a young girl, who is less than 16 years of age as per the prosecution's case. She had left the home because of some scolding the parents gave and instead of ensuring her return to her parents, middlemen acted shamefully and was sold her to this applicant, who is allegedly doing the business of preparing liquor at home and he being fully aware of this connived with those accused and he purchased the girl for the sum of Rs.1.5 lakhs as per the case of the prosecution. All three accused are at large and they have not been arrested as yet. He urged that investigation reveals serious involvement of this applicant in serious offences.
5. On duly recording the submissions of both the sides as also on close perusal of the record prima facie there appears to be a serious case of selling and purchasing a young girl, who is of tender age of 15 ½ years as per the case of prosecution. Assuming without admitting that she was 16 year and 4 months, when the incident took place, then also, there are serious allegations of transacting into human life and of rape and harassment. The prosecutrix has also alleged that the applicant and his relatives also disallowed her to interact with the outside world and she was locked every time she went out. She could manage to call up one of the known persons one day when he had left the mobile phone at his home, which had happened nearly 2 months after the incident.
6. As these are all serious issues reflecting prima facie conduct of the accused and his serious involvement and with other accused still at large, grant of discretion in his favour would not only hamper the arrest of others but, the same would have adverse effect on the society, this Court is of the opinion that in such a case, it is not desirable to exercise the discretion of releasing the accused on bail and therefore, such request is rejected. Rule is discharged in above terms.
(Ms.Sonia Gokani, J.) sudhir Top