The court granted bail based on the victim's voluntary actions and lack of evidence of coercion or risk of influencing witnesses.

Order :

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.147/2024 registered at Police Station Sajjangarh, Dist. Banswara, for the offences under Sections 137(2), 87, 127(3), 64(2)(m) of BNS; Sections 5(l)/6 of POCSO Act and Section 84 of JJ Act .

2. Learned counsel for the petitioner submitted that the victim ‘M’ who is aged about 17 years on 01.09.2024 voluntarily eloped with the present petitioner who is aged about 21 years. Learned counsel submitted that the victim ‘M’ stayed with the present petitioner for more than ten days out of her own free will and volition. While she was in the company of the present petitioner, despite having ample opportunities she did not disclose the factum of she being forcibly abducted or subjected to sexual assault/rape by the present petitioner, to anyone. It was submitted that sufficient material is available on record to indicate that later on, when the relations between them turned sour, the petitioner has been roped in a false criminal case.

3. Lastly, learned counsel submitted that the petitioner is in judicial custody; challan against him has already been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor has vehemently opposed the bail application.

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

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the petitioner who is aged about 21 years is in judicial custody since 13.11.2024; the victim ‘M’ while she was in the company of the present petitioner, despite having ample opportunities did not disclose the factum of she being forcibly abducted or subjected to sexual assault/rape by the present petitioner, to anyone; investigation against the present petitioner has already been completed; challan against the petitioner has already been filed. This Court also prima facie finds that the learned Public Prosecutor has not shown any apprehension of petitioner influencing the victim and material prosecution witnesses of the case or fleeing away from justice, in case he is enlarged on bail by this Court. 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 Dharma @ Dharmendra S/o Shri Kanti Lal, arrested in connection with F.I.R. No.147/2024 registered at Police Station Sajjangarh, Dist. Banswara, 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.