The court granted bail based on the prosecutrix's consent and the circumstances of the case, emphasizing the need for careful consideration in cases involving minors.

ORDER :

1. RULE. Learned APP waives service of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 11191010240365 of 2024 registered with Madhavpura Police Station, Ahmedabad.

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed the present application, inter alia, contending that the age of prosecutrix was merely 12 years at the relevant time, whereas the age of present applicant was 18 years. Having regard to the age of the prosecutrix at the time of incident, the application should be dismissed.

5. Learned advocate for the original complainant has also opposed the present application citing the age of prosecutrix at the relevant time.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet has been filed. Learned APP has produced the statement of prosecutrix recorded under Section 183 of the BNSS. Upon perusal of the said statement, it appears that it was the prosecutrix, who had insisted upon the present applicant to elope, and therefore, the present applicant had agreed to elope with the prosecutrix, and thereafter, the present applicant and the prosecutrix had stayed together for several days and the physical relations were established between them with the consent of prosecutrix.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

9. Hence, the present application is allowed. The applicant is ordered to be released on regular bail, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;

(g) not enter the are of Madhavpura Police Station till conclusion of trial except for the purpose of marking presence before the concerned Police Station and attending the trial proceedings.

10. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

11. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

12. At the trial, the trial Court shall not be influenced by the observations of preliminary nature