The present application under Section 438 Cr.P.C. has been filed seeking protection from arrest in F.I.R. No.0492 of 2019 registered on 27.7.2019 at Police Station Bachhrawan, District Raebareli under Sections 363, 366 I.P.C.
Allegations in the F.I.R. are that the prosecutrix aged about 16 years was enticed away in the night of 23.7.2019 by one Golu, applicant and Prakash. The report was given at the police station on 26.7.2019. On the basis of the aforesaid written complaint, F.I.R. has been registered. The prosecutrix was recovered and she was subjected to medical examination. Medical examination report of the prosecutrix has been placed on record by way of supplementary affidavit, which has been tendered today, is taken on record. From the ossification report, it appears that the prosecutrix is 20 years of age and thus, she is major. In her statement recorded under Section 164 Cr.P.C. she has specifically said that she went on own volition to Lucknow and contacted Pintu where Golu accused was also present. She had married with Golu on her own volition. She has left the house on her own volition and has married to Golu.
In view of the statement of the prosecutrix recorded under Section 164 Cr.P.C. and her medical age has been found to be 20 years and without entering into the merit of the case, it would be appropriate to grant protection to the applicant under Section 438 Cr.P.C. till filing of the police report under Section 173(2) Cr.P.C. In the event of arrest, the applicant shall be released on bail on her furnishing a personal bond of Rs.25,000/- and one surety of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and she will not influence the witnesses. She will remain present as and when the arresting officer/I.O./S.H.O. concerned call for investigation/interrogation. The applicant shall also be released with the following conditions :-
(i) That the applicant shall make themselves available for interrogation by a police officer as and when required;
(ii) That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer;
(iii) That the applicant shall not leave India without the previous permission of the Court; and
(iv) Such other conditions as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section.
With the above observation/direction, the anticipatory bail application is disposed of.
Order Date :- 26.9.2019 Rao/-