The court granted bail considering the amicable settlement and the nature of the allegations, imposing strict conditions to prevent tampering with evidence.

ORDER :

M. R. MENGDEY, J.

1. Rule. Learned APP waives service of Rule on behalf of the Respondent State.

2. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11214023241645 of 2024 registered with Kadodara GIDC Police Station. Surat Rural.

3. Heard learned Advocate for the Applicant, learned advocate Mr.Dipak D. Prajapati for the original complainant and learned APP for the Respondent – State. Learned advocate on behalf of the original complainant shall file his Vakalatnama in the Registry. The Registry shall accept the same.

4. Learned Advocate for the Applicant submitted that the investigation is over and charge-sheet has been filed. The present applicant has been arrested in connection with the present offence on 30.9.2024 and since then the applicant is in custody. He submitted that there was love affair between the present applicant and the prosecutrix and because of the same, the physical relations were established between the two. Now, the matter has been amicably settled between the parties and both the families have agreed for marriage of the applicant and the prosecutrix, after the prosecutrix attains the marriageable age.

4.1 Learned Advocate for the Applicant further submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

5. Per contra, learned APP has vehemently opposed the present application for grant of regular bail contending that the prosecutrix in her statement has recorded under Section 183 of the BNSS has categorically stated that the applicant had established physical relations with her on the basis of threats and she was also subjected to physical cruelty by him and because of the assault by the applicant, upon the prosecutrix, nine stitches were required to be taken on the face of the prosecutrix. Learned APP therefore submitted that looking to the nature and gravity of offence, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

5.1 Learned Advocate appearing for the original complainant submitted that the matter has been amicably settled between the parties and the complainant has no objection if the applicant is ordered to be enlarged on bail. He therefore submitted to pass an appropriate order.

6. Heard learned advocates for the respective parties and perused the record. Since it was submitted before the court that the matter has been amicably settled between the parties and the family of both the sides have agreed for marriage of the applicant and the prosecutrix, this court had kept the matter in chamber for ascertaining the wish of the prosecutrix in that regard. Upon being asked in the chamber, the prosecutrix has stated that she had accompanied the present applicant on her own volition and she wants to get married to the applicant after she attains the age of 18 years. Considering the same, the application deserves consideration.

7. This court has considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in judicial custody.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

8. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts