The court granted bail considering the applicant's custody duration, nature of allegations, and lack of flight risk, emphasizing the need for compliance with imposed conditions.

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. 11206005240228 of 2024 registered with Bavlu Police Station, Mahesana.

2. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Ms. Urmila N. Desai waives service of notice of Rule on behalf of the Original Complainant.

3. 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.

4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the Applicant was married when the second episode of physical relations between the present Applicant and the prosecutrix had taken place and despite being married, the Applicant had established physical relations with the prosecutrix who was below 18 Years of age at the relevant time. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise discretion in favour of the applicant and the Application may be dismissed.

5. Learned Advocate appearing on behalf of the Original Complainant has also opposed the Application and prayed to dismiss the same.

6. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. Upon perusal of the statment of the prosecutrix it appears that there was a love affair between the present Applicant and the prosecutrix and physical relations on first occasion were established between the two with the consent of the prosecutrix. Thereafter, the Applicant herein got married to somebody else and, even after being married to somebody else, the Applicant had continued to establishe physical relations with the prosecutrix with her consent. The prosecution was also aware about the fact that the Applicant was married. The age of the prosecutrix was 15 Years and 5 Months at the relevant time. 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 29.04.2024.

(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.

7. 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 fact