The court granted bail based on the consensual nature of the relationship and the complainant's lack of objection, emphasizing the need for conditions to prevent tampering with evidence.

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. 11190001240236 of 2024 registered with Baravala Police Station, Botad.

2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State. Learned Advocate Mr. Darshan A. Dave appears on behalf of the Original Complainant and states that he would be filing his Vakalatnama during the course of the day.

2.1 Registry to accept the Vakalatnama of learned Advocate Mr. Dave and place the same on record.

3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Mr. Dave 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 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 Applicant herein happens to be the distant cousin of the prosecutrix and despite the same had established physical relations when she was minor. 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 appearing on behalf of the Original Complainant has 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. The Original Complainant has also filed an Affidavit to the said effect which is on record. He therefore prays to pass an appropriate order.

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, it appears that there was a love affair between the present Applicant and the prosecutrix and they wanted to marry each other and because of which they both eloped and the prosecutrix had accompanied the Applicant on her own volition and thereafter physical relations were established between the two with the consent of the prosecutrix. The age of the prosecutrix was 16 Years and 6 Months at the relevant time. Considering this aspect, 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 23.09.2024.

(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/- w