The court granted bail based on the nature of allegations, the Applicant's compliance with conditions, and the absence of physical relations with the prosecutrix.

ORDER :

(M.R. MENGDEY, J.)

1. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11189003241913 of 2024 registered with 'A' Division Morbi City Police Station, Morbi.

2. Heard learned Advocate for the Applicant, learned APP for the Respondent – State and learned Advocate appearing on behalf of the Original Complainant.

3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Ms. Nilam N. Chauhan waives service of notice of Rule on behalf of the Original Complainant.

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 an 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 opposed the present application for grant of regular bail contending that the age of the prosecutrix was below 18 Years at the relevant time and despite having the said knowledge the Applicant had abducted her and had taken her away from her parents. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be dismissed.

6. Learned Advocate Ms. Nilam M. Chauhan appearing on behalf of the Original Complainant has also opposed the Application and submitted that the Applicant had played an active role in commission of the offence in question. The Applicant had abducted the prosecutrix who was aged merely 17 Years at the relevant time. She therefore submitted to dismiss the Application.

7. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. Upon perusal of the statement of the prosecutrix recorded under Section 183 of BNSS the prosecutrix has categorically stated that no physical relations were established between herself and the present Applicant. Considering these aspects, the Application deserves consideration. This court has also 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 21.11.2024.

(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 bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall:

(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.

(b) maintain law and order and no