Order :

1. This second application for bail under Section 483 BNSS (old Section 439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.171/2024 registered at Police Station Bicchiwada, District Dungarpur for the offences under Sections 143, 447, 341, 323, 506, 376, 149 IPC.

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

3. Drawing attention of the Court towards the FIR, challan papers and the statements of prosecutrix “B” recorded during the course of trial as PW.03, learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that the prosecutrix, who is a mature woman was having a mutual relationship with the present petitioner. However, when their relationship came to the notice of her family members, she has roped the petitioner in a false sexual assault criminal case.

4. Learned counsel for the petitioner further submitted that as per the medical examination report of the prosecutrix, no external or internal injuries were found on her body. The prosecutrix, in her statements, has stated that had on the date of the alleged incident she was not beaten by her close relatives, she would not have lodged the present FIR against the petitioner. Learned counsel submitted that the petitioner is in judicial custody; investigation against the petitioner has already been completed; the trial of the case will take sufficiently long time; and the statements of prosecutrix-PW.3 have already been recorded before the competent criminal Court therefore, now there is no apprehension of the petitioner influencing her or tampering with the evidence, therefore, the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. Learned Public Prosecutor submitted that in the present case, looking to the seriousness of the accusations levelled against the petitioner, he does not deserve to be enlarged on bail.

6. 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.

7. Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Mukesh S/o Dharama Ji, arrested in connection with F.I.R. No.171/2024 registered at Police Station Bicchiwada, District Dungarpur 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.