Bail granted due to completed investigation, absence of prior criminal record, and no risk of influencing witnesses.

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.02/2025 registered at Police Station Nohar, District Hanumangarh for the offences under Sections 78(2) of BNS and Section 11/12 of POCSO Act.

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

3. Learned counsel for the petitioner submitted that the allegation against the present petitioner is that he was causing harassment to the victim ‘M’ who is a minor girl since last six months. The specific allegation against the present petitioner is that he used to stalk her on her way to school and intervene by asking her to becomr his friend. The further allegation against the present petitioner is that on 18.12.2024, he forcibly stopped victim ‘M’ and held her hand and asked for her mobile number.

4. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. The FIR has been lodged on 27.12.2024 i.e. after a delay of 13 days from the date of alleged incident without disclosing any plausible explanation for the same; the investigation against the petitioner has already been completed; and the petitioner does not have any criminal antecedents.

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 has vehemently opposed the bail application. However, he was not in a position to refute the fact that the investigation against the petitioner has already been completed. Learned Public Prosecutor has also 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.

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 Altaf S/o Sadak Ali arrested in connection with F.I.R. No.02/2025 registered at Police Station Nohar, 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.

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.