Bail granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.

Order :

1. This application for bail under Section 483 BNSS has been filed by the petitioners who have been arrested in connection with F.I.R. No.96/2024 registered at Police Station Khinwsar, District Nagaur for the offences under Sections 376(3), 376-D of IPC and Section 16/17 of POCSO Act.

2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

3. Drawing attention of the Court towards the statements of the victim ‘R’ recorded before the competent criminal Court, learned counsel for the petitioners submitted that the victim ‘R’ during her Court statements has not supported the prosecution story and has turned hostile. It was submitted that since the victim ‘R’ during her Court statements has not supported the prosecution story and has turned hostile, the chance of the petitioners getting convicted in present case is very bleak.

4. Lastly, learned counsel submitted that the petitioners are 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-petitioners.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the victim, during her Court statements has not supported the prosecution story and has turned hostile.

6. 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 petitioners on bail.

7. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioners (1) Premaram S/o Shrawanram (2) Nemaram S/o Jarharam and Ramdev S/o Khojaram arrested in connection with F.I.R. No.96/2024 registered at Police Station Khinwsar, District Nagaur and shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

7. 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.