The court grants bail due to the absence of supportive testimony from key witnesses, indicating a low likelihood of conviction.

Order :

1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.325/2024 registered at Police Station Jai Narayan Vyas Colony, District Bikaner, for the offences punishable under Sections 65(2) & 74 of the BNS and Sections 5m/6 & 9/10 396 of the POCSO Act.

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

3. Drawing attention of this Court towards the statements of the victim ‘P’ (PW-1) recorded before the competent Criminal Court, learned counsel for the petitioner submitted that the victim ‘P’ during her Court’s statements has not supported the prosecution story and has turned hostile. Learned counsel further submitted that the complainant and father of the victim ‘P’ (PW-3) has also not supported the prosecution story during his Courts statements as turned hostile. Learned counsel further contended that since the material prosecution witnesses including the victim ‘P’ during the course of trial have not supported the prosecution story and have turned hostile, therefore, the chances of the petitioner getting convicted in the present case are very bleak.

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 and learned counsel for the complainant have opposed the bail application. However, they were not in a position to refute the fact that the material prosecution witnesses of the case, i.e. victim ‘P’ and her father during their Court’s statements have not supported the prosecution story and have turned hostile.

6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/ demerits of the case, this Court is of the opinion that the bail applications filed by the petitioner deserve to be accepted.

7. Consequently, these bail applications under Section 483 of BNSS is allowed. It is ordered that the accused-petitioner Lakshmi Narayan S/o Shankar Lal arrested in connection with F.I.R. No.325/2024 registered at Police Station Jai Narayan Vyas Colony, District 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.