The court granted bail based on the duration of custody and the fact that co-accused had been released, emphasizing the need to consider the nature of allegations.

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.280/2024 registered at Police Station Chopasni Housing Board, Jodhpur City West, for the offences under Sections 366(a) , 376(d)/34 of IPC and Sections 5(g)/6, 15 and 16/17 of POCSO Act.

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

3. Learned counsel for the petitioner submitted that the complainant Mehraj Ram submitted a typed report before the SHO, Police Station Chopasni Housing Board, alleging inter alia that on 06.07.2024, the present petitioner got an obscene video of victim ‘D’ secretly recorded through co-accused Mohammed Bilal. The further allegation against the present petitioner is that he was denied paying Rs.50,000/- to the victim ‘D’, to settle the dispute with her.

4. Learned counsel for the petitioner submitted that as a matter of fact, the petitioner has been made a victim of honey trap. It was submitted that the petitioner himself had lodged an FIR No.263/2024 alleging inter alia that his obscene video was recorded with victim ‘D’ by another girl ‘M’ through the co-accused Mohammed Bilal and they are threatening him to make the aforesaid video viral. Learned counsel submitted that co-accused persons namely Mohammed Bilal (S.B. Criminal Miscellaneous Bail Application No.13461/2024) and Mst. D have already been enlarged on bail by this Court vide orders dated 21.11.2024 and 08.01.2025.

5. Lastly, learned counsel submitted that the petitioner is in judicial custody 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 and learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant submitted that looking to the seriousness of the allegations against the present petitioner, he does not deserve to be enlarged on bail. However, learned counsel were not in a position to refute the fact that the co-accused persons Mohammed Bilal and Mst. D have already been enlarged on bail. They were also not in a position to refute the fact that there is a version and cross-version of the incident and the police after making a thorough investigation in connection with the cross FIR No.263/2024 lodged by the present petitioner has already filed challan against the accused persons.

7. 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.

8. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Basant Ojha S/o Late Shri Madan Gopal Ojha arrested in connection with F.I.R. No.280/2024 registered at Police Station Chopasni Housing Board, Jodhpur City West, 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.