The absence of recovered evidence and lack of risk of witness tampering justified granting bail in a case of alleged blackmail and sexual assault.

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.424/2024 registered at Police Station Pratap Nagar, District Bhilwara for the offences under Sections 376(2)(n) and 384 of IPC .

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

3. Learned counsel for the petitioner submitted that the prosecutrix who is a mature married woman has falsely roped the petitioner in a criminal case. Drawing attention of the Court towards the FIR and the statements of the prosecutrix recorded under Section 164 Cr.P.C., learned counsel submitted that as per the prosecutrix, one day the petitioner with whom she is having an old acquaintance came to her home at night to get his tiffin, at that time, her health was not good. The petitioner on seeing her poor health, told her that he will bring medicines for her from the medical store. After some time, when the petitioner gave her the medicines, she took them and fell unconscious. Thereupon, the petitioner captured her obscene photographs and started blackmailing her by telling her to meet him otherwise, he will kill her son and will also circulate the obscene photographs and videos of the prosecutrix.

4. Learned counsel submitted that sufficient material is available on record to indicate that the prosecutrix was in a mutual relationship with the petitioner however, on relations between them turning strained, the petitioner has been roped in a false criminal case. Learned counsel submitted that no obscene videos and photographs of the prosecutrix have been recovered by the investigating agency; the petitioner is in judicial custody since 23.09.2024; the investigation against the petitioner has already been completed 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 though as per the prosecutrix, the petitioner blackmailed her and also subjected her to forcible sexual assault/rape by threatening to viral her obscene videos and photographs but no such material has been recovered by the investigating agency. Learned Public Prosecutor also did not show any apprehension of petitioner influencing the material prosecution witnesses of the case or fleeing away from justice, 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.

6. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Shyam Sunder S/o Devkaran arrested in connection with F.I.R. No.424/2024 registered at Police Station Pratap Nagar, 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.

7. 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.