MISC. CRIMINAL CASE No. 8784/2011 24.11.2011 Shri Devendra Singh, counsel for applicant. Shri RS Parmar, P.L. for Resp.State. Argument on first bail application under S. 439 of the Cr.P.C. filed by Sanju Chouhan heard. The applicant is involved in Crime No. 192/11 registered at P.S.Hira Nagar, Dist. Indore under S. 363, 366, 376/34 of the I.P.C. and S. 3(2)5 of S.C.S.T. (Prevention of Atrocities) Act. According to prosecution story prosecutrix Budhi aged 16 years was knowing Sanju before 15 days from Holi. On phone of Sanju she went to his house but he was not available there hence she stayed at his house till next evening. After arrival of Sanju, he said that he would get her marriage with a well settled boy and thereafter he took her to the house of Sangita. There he met with so called brother of Sangita, Morsingh and said that he is rich person and will keep her as wife. Then Sanju returned from there. In the night Moresingh outraged prosecutrix. In the next morning Morsingh took her to Manglia brick plant. There he remained with her for about 1-1/2 months just like husband and wife and she was outraged by Moresingh. Thereafter Moresingh brought her to the house of Sangita and they remained there for 5-6 days. -2- M.Cr.C.8784/2011 She was pregnant. One day Moresingh was not at home, she phoned her mother and gave her address of the house. In the evening her mother came with police. Hence on report, above offence was registered and applicant was arrested. It has been argued by applicant's counsel that he has been falsely implicated in this case. The age of prosecutrix as per ossification report was between 17-19 years and she was consenting party and she remained with Moresingh willfully for about 1-1/2 month. Trial will take time. Hence he should be released on bail. Respondent has opposed the bail application. Considering the circumstance and after perusal of the case diary and the evidence collected, the application is allowed. It is ordered that applicant be released on bail on his furnishing bail bond of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial court for his appearance before the said Court on all dates as may be fixed. C.C. as per rules. (I.S.Shrivastava) b/ JUDGE