The court granted bail based on the applicant's circumstances, emphasizing the need for conditions to prevent tampering with evidence and ensure compliance during trial.

ORDER :

(M. R. MENGDEY, J.)

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.62 of 2017 registered with Panchkoshi ‘A’ Division Police Station, District Jamnagar.

3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. The learned APP appearing for the respondent State has vehemently submitted that the F.I.R. in question came to be lodged in the year 2017 whereas the the applicant apprehended in the year 2024. The age of the prosecutrix was merely 13 years at the relevant time and after being abducted the prosecutrix was subjected to physical relationship by the present applicant without her consent. Learned APP has, therefore, submitted that the offences which have been charged, are serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.

5. Though served, nobody appeared on behalf of the respondent no.2 – original complainant.

6. Heard learned advocates appearing for the parties and perused the material available on record. Investigation is over and Charge-sheet has already been filed. As per the case of prosecution, the offence in question came to be registered in the year 2017 whereas the F.I.R. came to be lodged in the year 2024. From the record it appears that present applicant and the prosecutrix were living in the neighbourhood houses and came into contact and thereafter, the present applicant and the prosecutrix had eloped from their respective houses and stayed together at various places for quite a long time and during the said period, the physical relations appear to have established between the two. Thereafter, the prosecutrix had also accompanied brother of the present applicant who had handed over her to her family members and thereafter, the prosecutrix has married to somebody else. Having regard to these facts, the present application deserves to be allowed.

7. 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 24.04.2024.

(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.

8. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- (Ten Thousand) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that;

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

(b) shall maintain law and order and not to indulge in any criminal activities.

(c) shall furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change residence without prior permission of the trial Court.

(d)