Bail can be granted when there is no risk of influencing witnesses or tampering with evidence, especially in lengthy trials.

ORDER :

KULDEEP MATHUR, J.

1.This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.152/2024 registered at Police Station Bichwal, Dist. Bikaner, for the offences under Sections 450 and 376 of IPC and Sections 3/4 and 7/8 of POCSO Act.

2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the cross-examination of the victim ‘U’ before the competent criminal Court, learned counsel for the petitioner submitted that the victim ‘U’ has admitted that she was not subjected to forcible sexual assault/rape by the present petitioner.

3. Learned counsel submitted that the petitioner has been roped in a false criminal case owing to some previous animosity between the parties. It was contended that since the statements of the victim have already been recorded before the competent criminal Court, now there is no apprehension of petitioner influencing her or tampering with the evidence.

4. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the victim, during her cross-examination has admitted the fact that she was not subjected to forcible sexual assault/rape by the present petitioner. He was also not in a position to refute the fact that since the statements of the victim have already been recorded before the competent criminal Court, now there is no apprehension of petitioner influencing her. Learned Public Prosecutor has also not shown any apprehension of petitioner influencing the remaining material prosecution witnesses of the case or fleeing away from justice, in case he is enlarged on bail.

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

7. Having considered the rival submissions, facts and circumstances of the case and 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 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Billu Alias Gulle Alias Gularam S/o Rohitash @ Santokh arrested in connection with F.I.R. No.152/2024 registered at Police Station Bichwal, Dist. Bikaner, 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.

9. 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.