Bail can be granted when the accused is in judicial custody, investigation is complete, and there is no risk of tampering with evidence or influencing witnesses.

ORDER :

KULDEEP MATHUR, J.

1.This application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.03/2025 registered at Police Station Jalore, Dist. Jalore, for the offences under Sections 64(2)(m), 69 and 88 of BNS.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. As per the prosecution, the petitioner while pursuing studies at Agriculture College, Keshwana, in a deceitful manner assured his class fellow i.e. prosecutrix ‘N’ to solemnize marriage with her and on the aforesaid premise, he committed sexual assault/rape with her on multiple occasions. As per the prosecution, when the prosecutrix ‘N’ became pregnant, the petitioner supplied her certain tablets in order to abort and later on, refuse to solemnize marriage with her.

4. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the FIR and the statements of the prosecutrix ‘N’ recorded under Section 183 BNSS, learned counsel submitted that the relationship between her and the petitioner continued unabatedly for almost two years. The relationship between the two was purely consensual without any element of deceit involved in it. Attention of the Court was also drawn towards the communication dated 14.01.2025 issued from the office of Principle Medical Officer, Dist. Hospital, Jalore to substantiate his contentions and it was submitted that as per the UPT inquiry report and sonography report of the prosecutrix ‘N’, she has never undergone any abortion.

5. Learned counsel submitted that the material available on record clearly indicate that on relations between the petitioner and the prosecutrix turning strained, the FIR has been lodged against the petitioner with oblique motive of harassing and humiliating him and is full of false and fabricated allegations. He thus prays that the petitioner who is in judicial custody and the investigation against whom has already been completed, deserves to be enlarged on bail.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application. Learned Public Prosecutor submitted that sufficient material is available on record to indicate that the petitioner sexually exploited the prosecutrix with bad & fraudulent intentions and made a false promise of marriage and thereafter, upon losing interest in her, he ditched her. He thus urged that the present bail application may be rejected.

7. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the prosecutrix is a mature girl. She and the petitioner were studying together and developed intimacy with each other. Prima facie, it surfaces from the perusal of the record that the prosecutrix was aware of the consequences of entering into physical relationship with the present petitioner without marrying him. In the prima facie opinion of this Court, the question as to whether this is a case of developing physical relationship with prosecutrix ‘N’ on a false pretext of marriage or is a case of false implication of an innocent in a criminal case on the relations between the parties turning strained, is to be decided by the competent criminal Court on the basis of the materials and evidences produced before it. This Court prima facie also finds that the petitioner is in judicial custody; the investigation against him has already been completed and the prosecution has not shown any apprehension of petitioner influencing the material prosecution witnesses of the case or fleeing away from justice or tampering with the evidence, in case he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

8. Consequently, the bail application under Section 483 BNSS (439 Cr.P.C.) is allowed. It is ordered that the ac