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Learned counsel for the applicant highlighting the above facts vehemently submitted that the story as put forth by the informant in the F.I.R. is belied by the statement of the prosecutrix recorded under sections 161 and 164 Cr.P.C., as she has categorically stated to have accompanied the applicant on her own free wish and will and that she was not enticed away and also that they had solemnized marriage.

It is further submitted that the age of the prosecutrix as per the Class-VIII certificate is about 12 years and 9 months, however, on the basis of the certificate issued by C.M.O., Banda of date 03.09.2021, on the basis of ossification test, the age of prosecutrix was determined as 17 years. A copy of Parivar register has been brought on record at page no. 70 wherein the year of birth of prosecutrix is shown as 2002 and therefore, in the light of the age determined through ossification test as well as the year of birth noted in the Parivar register, age of prosecutrix shown in her Class-VIII could not be believed and it is evident that prosecutrix was of consenting age at the time of incident. Applicant is in jail since 09.09.2021 and charge-sheet has already been filed. It is submitted that there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

Having heard learned counsel for the parties and having perused the record, it is evident that the prosecutrix in her statement recorded under sections 161 and 164 of the Cr.P.C., had stated her age to be of 19 years and also that she was in love with the applicant and had accompanied him on her free wish and volition and she was not enticed away by the applicant. She also stated that they had solemnized marriage with applicant and it was on 4th March, 2021, she was seen with the applicant by her brother and on being apprehended she had gone with applicant on her free wish and will to Gujarat, where they remained as husband and wife for many months. She also got pregnant, however, her pregnancy was terminated by her family members. Thus it is evident that the prosecutrix had accompanied the applicant with her own free wish and will. The age of the prosecutrix is stated to be about 13 years on the basis of Class-VIII certificate, however, the bone age of the prosecutrix has been assessed as 17 years by the C.M.O., Banda, a copy of the Parivar register pertaining to the family members of the prosecutrix has also been placed on record, wherein, year of birth of the prosecutrix is stated to be 2002 by which she also comes to be of 19 years at the date and time of the alleged incident. It is vehemently submitted on behalf of the applicant that the prosecutrix at the time of alleged incident was of consenting age and the veracity and difference of her age as is evident by educational certificate and parivar register could only be determined in the trial. No allegation of any kind has been leveled by the prosecutrix against the applicant. Applicant is in jail since 09.09.2021 without any previous criminal history. The presence of the applicant could be secured before the trial court by placing adequate conditions.