The court ruled that mere pregnancy does not imply guilt of sexual assault, and the absence of risk factors justified granting bail.

ORDER :

(KULDEEP MATHUR, J.)

This application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.54/2024 registered at Police Station Hindumalkot, Dist. Sri Ganganagar, for the offences under Sections 376(2)(n) and 315 of 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 the prosecutrix ‘J’ recorded under Section 164 Cr.P.C., learned counsel for the petitioner submitted that the prosecutrix ‘J’ in her statements has levelled specific allegation of she being subjected to sexual assault/rape by Gurmeet Singh, Gattu, Dr. Bhanwar Lal, Baba Kesar Singh and Kishanlal i.e. the present petitioner. However, police after making investigation has filed challan only against the present petitioner on the ground that the prosecutrix became pregnant due to the alleged sexual assault/rape committed upon her by the present petitioner.

4. Learned counsel submitted that the petitioner has been falsely implicated in the present case. The material available on record indicates that the prosecutrix ‘J’ who is a mature lady was in a relationship with the present petitioner. The mere fact that she became pregnant with the present petitioner would not indicate that the petitioner, who is a specially abled person, had at any point of time committed forcible sexual assault/rape upon her.

5. 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.

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

7. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the prosecutrix ‘J’ has levelled specific allegation of she being subjected to forcible sexual assault/rape by Gurmeet Singh, Gattu, Dr. Bhanwar Lal, Baba Kesar Singh and Kishanlal i.e. the present petitioner. The challan has been filed against the present petitioner only. In other words, as per the investigating agency, there is false or mispresentation of facts by prosecutrix ‘J’ qua other persons. In the prima facie opinion of this Court, merely because prosecutrix ‘J’ became pregnant with the present petitioner is not indicative if the fact that she was not in a mutual relationship with the present petitioner or only the petitioner is guilty of committing forcible sexual assault/rape upon her. This Court also prima facie finds that the prosecution has not shown any apprehension of petitioner influencing the material prosecution witnesses of the case or fleeing away from justice, in case he is enlarged on bail. The charges are yet to be framed against the present petitioner and the prosecution has cited 22 witnesses, the trial against the petitioner is not likely to be concluded in near future. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

8. Consequently, the bail application under Section 483 BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitionerKishan Lal @ Krishan Lal S/o Ravta Ram arrested in connection with F.I.R. No.54/2024 registered at Police Station Hindumalkot, Dist. Sri Ganganagar, 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.

9. 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.