The court granted bail considering the relationship between the accused and victim, lack of criminal antecedents, and absence of evidence indicating risk of tampering or flight.

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.99/2024 registered at Police Station Sanchore, Dist. Sanchore (Jalore), for the offences under Sections 351, 363, 354, 376(2)(n) and 343/34 of IPC 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. Looking to the nature of allegations against the present petitioner, this Court vide order dated 10.02.2025 directed the learned Public Prosecutor to call for the case diary. In compliance of the order dated 10.02.2025, learned Public Prosecutor has produced the case diary before this Court.

4. From a perusal of the case diary, this Court prima facie finds that the petitioner and the victim ‘M’ are close relatives. Initially, father of the victim ‘M’ lodged an FIR dated 01.03.2024 alleging inter alia that his daughter ‘M’ has been forcibly abducted by the present petitioner and co-accused Jitendra. During the course of investigation in connection with the present FIR lodged by the father of the victim ‘M’, the police discovered her. She, in her statements recorded under Section 164 Cr.P.C. stated that on 01.03.2024, she was forcibly abducted by the present petitioner and, thereafter, taken to various places such as Bhinmal, Mumbai, Bangalore, Jaisalmer, etc.

5. Having perused the case diary and the statements of the victim ‘M recorded under Section 164 Cr.P.C., this Court prima facie finds that while victim ‘M’ was in the company of the present petitioner, she has not only travelled with him to various places as mentioned above using public transportation but also stayed with him in the rooms situated at thickly populated areas. Prima facie, the victim ‘M’ despite having ample opportunities, did not inform the factum of she being forcibly abducted or subjected to sexual assault/rape by the present petitioner to anyone.

6. In the prima facie opinion of this Court, the argument that the victim who is aged about 17 years was having a love affair with the petitioner who is aged about 20 years on the date of the alleged incident and had voluntarily eloped with him, cannot be brushed aside at this stage. This Court also prima facie finds that the petitioner is in judicial custody; he does not have any criminal antecedents and the prosecution has not shown any apprehension of the petitioner influencing the 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 Praveen Kumar S/o Ramesh Kumar arrested in connection with F.I.R. No.99/2024 registered at Police Station Sanchore, Dist. Sanchore (Jalore), 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.