The court granted bail based on the prosecutrix's initial consent to live with the petitioner, emphasizing the lack of specific allegations regarding theft.

ORDER :

KULDEEP MATHUR, J.

1.This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.243/2024 registered at Police Station Pur, District Bhilwara for the offence under Section 69 of BNS.

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

3. This Court, looking to the nature of accusations against the present petitioner, vide order dated 04.03.2025, directed the learned Public Prosecutor to call for the case diary.

4. In compliance of this Court’s order dated 04.03.2025, learned Public Prosecutor has produced the case diary. Upon a perusal of the case diary, this Court prima facie finds that the prosecutrix ‘P’ is living separately from her husband. The prosecutrix ‘P’ upon being advised by her cousin brother- Nanu Gurjar accepted the proposal of marriage with the present petitioner and went away with him. After living with the present petitioner for some days, she has filed an FIR against the petitioner alleging inter alia that on the pretext of marriage, she was raped by the present petitioner. The petitioner had also snatched money from her and threw her out of the house.

5. This Court, from a perusal of the FIR and the case diary finds that no specific details with regard to the money allegedly snatched by the petitioner have been disclosed by the prosecutrix ‘P’. Further, in her statements she has clearly stated that she went away with the present petitioner to marry him on 06.11.2024 and had stayed with him for a few days.

6. This Court further prima facie finds that an agreement to marriage signed between the parties along with certain photographs showing marriage ceremonies performed between them are also available on record. Prima facie, the prosecutrix developed consensual physical relationship with the present petitioner but later on relations between them turning strained, she has filed the present FIR. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

7. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Dharam Chand @ Pintu S/o Dhanna Lal Gurjar arrested in connection with F.I.R. No.243/2024 registered at Police Station Pur, District Bhilwara shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

8. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.