Bail can be granted when there is no apprehension of influencing witnesses or tampering with evidence, and where the prosecution's case lacks sufficient material to support the allegations.

Order :

1. This application for bail under Section 483 of B NSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.651/2024 registered at Police Station Rawatsar, District Hanumangarh for offences under Sections 332(b) & 64(1) of B NS.

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 challan papers and the statements of the prosecutrix recorded under Section 183 BNSS , learned counsel for the petitioner submitted that the prosecutrix who is mature married woman has falsely implicated the present petitioner in a criminal case. Learned counsel submitted that about three months prior to the date of lodging the FIR, she was subjected to forcible sexual assault-rape by the petitioner. She was further alleged that the petitioner had also captured her obscene videos and photographs.

4. Drawing attention of the Court towards the challan papers, learned counsel submitted that no obscene photographs and videos of the prosecutrix have been recovered by the investigating agency. Learned counsel submitted that no plausible explanation has been furnished by the prosecutrix for lodging the FIR after a delay of about three months. Learned counsel further submitted that the prosecutrix owing to some previous animosity with the present petitioner has roped him in a false criminal case.

5. Lastly, learned counsel submitted that the petitioner is in judicial custody; the investigation against the present petitioner has already been completed; the challan against the present petitioner has already been filed before the competent Criminal Court and the trial against the petitioner is likely to consume 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. However, he was not in a position to refute the fact that the investigation against the present petitioner has already been completed and the challan against him has already been filed before the competent Criminal Court. He was also not in a position to refute the fact that no obscene photographs and videos of the prosecutrix have been recovered by the investigating agency.

7. Having considered the rival submissions, facts and circumstances of the case and having perused the challan papers, this Court prima facie finds that the allegation against the petitioner is subjecting the prosecutrix to forcible sexual assault/rape by threatening to make her obscene photographs and videos viral, however, during the course of investigation no such material has been recovered by the investigating agency. This court also prima facie finds that the prosecution has not shown any apprehension of petitioner influencing the prosecutrix or material prosecution witnesses of the case or tampering with the evidence or fleeing away from justice, 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.

8. Consequently, the bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioner Shyamsundar S/o Chandaram arrested in connection with F.I.R. No.651/2024 registered at Police Station Rawatsar, District Hanumangarh 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.