The court found prima facie merit in the claim of a mutual relationship between the petitioner and the victim, allowing bail due to completed investigation and time served in custody.

ORDER :

(KULDEEP MATHUR, J.)

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.249/2024 registered at Police Station Kushalgarh, Dist. Banswara, for the offences under Sections 333 and 64(1) of BNS and Sections 3/4 of POCSO Act.

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 and the statements of the victim ‘P’ recorded under various Sections of Cr.P.C., learned counsel for the petitioner submitted that the petitioner who is aged about 18 years was having a mutual relationship with the victim ‘P’ who is aged about 17 years. Learned counsel for the petitioner submitted that on the date of the alleged incident, when the victim ‘P’ was alone in the house, she called the petitioner and developed the physical relationship with him. However, when her family members have seen her in a compromising position with the present petitioner, she has roped the petitioner in a false criminal case.

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

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

6. Having considered the rival submissions, facts and circumstances of the case and having gone through the challan papers and the statements of the victim ‘P’, this Court prima facie finds that the argument of the learned counsel for the petitioner that the petitioner and the victim ‘P’ were having a mutual relationship, cannot be brushed aside by this Court at this stage; the petitioner who is aged about 18 years is in judicial custody since 30.09.2024 and the investigation against the present petitioner has already been completed. 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 Alkesh S/o Veerji arrested in connection with F.I.R. No.249/2024 registered at Police Station Kushalgarh, 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.