Bail granted under Section 483 BNS Act due to lack of evidence and previous compromise in similar allegations, emphasizing the need for fair trial considerations.

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.182/2024 registered at Police Station Bidasar, Dist. Churu, for the offences under Sections 64(1) and 71 of BNS.

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 woman has falsely roped the petitioner in a criminal case. Learned counsel submitted that as per the prosecutrix, she was subjected to forcible sexual assault/rape by the petitioner on multiple occasions by threatening her to viral her obscene videos and photographs.

4. Drawing attention of the Court towards the challan papers, learned counsel submitted that no obscene videos or photographs of the prosecutrix have been recovered by the investigating agency. Learned counsel submitted that as a matter of fact, the petitioner and the prosecutrix are close relatives. The prosecutrix, owing to some previous family dispute between the parties, has roped him in a false criminal case.

5. To substantiate this contention, learned counsel submitted that prior to the filing of the present FIR in the month of August, 2024 as well, the prosecutrix had lodged an FIR against the present petitioner with the same allegations however during the pendency of the investigation in connection with the earlier FIR No.145/2023 lodged at P.S. Bidasar, Dist. Churu, the proceedings against the petitioner were dropped due to the fact that she had entered into a compromise with the present petitioner.

6. Lastly, learned counsel submitted that the petitioner is in judicial custody; 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.

7. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that prior to the filing of the present FIR, the prosecutrix filed an another FIR against the present petitioner with the same allegations. He was also not in a dispute that in the FIR, during pendency of the investigation, the prosecutrix entered into a compromise with the present petitioner and on the basis of her statements, the FIR was closed.

8. 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.

9. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Mukesh Kumar S/o Kishanaram arrested in connection with F.I.R. No.182/2024 registered at Police Station Bidasar, Dist. Churu, 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.

10. 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.