The court granted bail based on the applicant's compliance with conditions and the nature of the allegations, emphasizing the importance of the relationship history and the status of the investigation.

ORDER :

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. 11993002240419 of 2024 registered with Aadipur Police Station. Kachchh East Gandhidham.

3. Heard learned Advocate for the Applicant, learned advocate for the original complainant and learned APP for the Respondent – State.

4. Learned Advocate for the Applicant has 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 age of the prosecutrix was 17 years at the relevant time. Therefore, even if it is assumed that the relations between the two were with the consent of the prosecutrix, the consent given by the prosecutrix would be immaterial. 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 has also opposed the present application contending that the relations between the present applicant and prosecutrix were not consensual in nature. In the present FIR, the prosecutrix had categorically stated that the applicant had established physical relations with the prosecutrix without her consent. He further submitted that the applicant was married at the relevant time and had concealed the fact of marriage from the prosecutrix. He therefore submitted to dismiss the present application.

6. Heard learned advocates for the respective parties and perused the record. From the record it appears that the investigation is over and charge-sheet has been filed. From the record it appears that the applicant and the prosecutrix were knowing each other for quite some time and physical relations have been established between the two for the first time, one and half year prior to the date of FIR and thereafter also on several occasions the physical relations appears to have been established between the two. The FIR itself indicates that the first informant had accompanied the present applicant on her own volition to the different places. 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 custody since 30.7.2024.

(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 of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bo