The court granted bail based on the consensual nature of the relationship between the petitioner and the victim, finding no risk of influencing witnesses or fleeing from justice.

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. 207/2024 registered at Police Station Sadar Dungarpur, District Dungarpur for the offences under Sections 64(1) & 137(2) of BNS and Section 3/4, 5(j)(II)/6 of POCSO Act .

2. Drawing attention of the Court towards the FIR and the statements of the victim ‘M’ recorded under Sections 180 and 183 of BNSS , learned counsel for the petitioner submitted that the petitioner who is aged about 20 years was having mutual relationship with victim ‘M’ who is aged about 17 years. Learned counsel submitted that when the victim ‘M’ became pregnant she has roped the petitioner in a false criminal case.

3. Lastly, learned counsel submitted that the petitioner is in judicial custody; the investigation against him 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.

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

5. Heard learned counsel for the parties at Bar. Perused the material available on record.

6. Having considered the rival submissions, facts and circumstances of the case and having perused the statements of the victim ‘M’ recorded under Sections 180 and 183 of BNSS , this Court prima facie finds that as per the victim ‘M’ on 22.04.2024 being asked by the present petitioner she went to a hotel with him on his motorbike out of her free will and developed consensual physical relationship with him, later on when she became pregnant she consumed tablets for abortion. The statements of the victim ‘M’ prima facie indicates that she developed consensual relationship with the present petitioner who is aged about 20 years out of her own free will and volition. This Court also prima facie finds that the prosecution has not shown any apprehension of the petitioner influencing the victim or remaining material prosecution witnesses of the case or fleeing away from justice or tampering with the evidence, 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.

7. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Mukesh S/o Gattu Lal arrested in connection with F.I.R. No. 207/2024 registered at Police Station Sadar Dungarpur, 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.