The belated FIR and hostile testimony of key witnesses justified granting bail, emphasizing the need for careful evaluation of circumstances.

Order on Board

1. Pursuant to the order dated 25.10.2024, the prosecutrix along with her mother appeared before the court through virtual mode from the concerned DLSA and submits that they have no objection in granting bail to the applicant. The submission is taken on record.

2. This is first bail application seeking grant of bail to the Applicant who is in jail since 22.08.2024 in connection with Crime No.916/2024 registered at Police Station Supela, District Durg for the offence punishable under Section 74 of BNS, 2023 and Section 8 of POCSO Act .

3. As per prosecution case, on 22.08.2024 the mother of prosecutrix lodged a report that on 14.08.2024 when her minor daughter was returning from school, on the way, the applicant tried to outrage her modesty and when she informed about the incident, she ldoged the report. The police registered offence and the applicant was arrested.

After investigation, charge sheet has been filed.

4. Learned Counsel for the applicant would submit that highly belated FIR has been lodged without explaining each and every day delay in lodging belated report. She may have subjected to outrage by some other person, however on suspicion a false report has been lodged against him. Prosecutrix and her mother have been examined as PW-1 & PW-2 before the trial court where they have completely turned hostile and not supported the case of prosecution. Therefore, the applicant may be released on bail as final adjudication may take sometime.

5. On the other hand the counsel for the State opposes the bail application and have submitted that from the material collected during investigation it appears that the applicant has outraged the modesty of minor prosecutrix, and therefore he is not entitled for bail.

6. Without commenting on merits, considering the totality of the facts and circumstances of the case, the nature of allegation and evidence collected during investigation, considering the period of detention and also considering the fact that both the prosecutrix and her mother have not supported the case of prosecution and turned hostile, this Court is of the opinion that present is a fit case where the Applicant can be enlarged on bail.

7. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance on each date of hearing before the trial Court, unless exempted from personal appearance by the said Court.

8. It is made clear that the observations made by this court is only restricted to the decision of bail application and shall not affect the merits of the case. The trial court is expected to decide the case on its own merit without being influenced by any of the observations made hereinabove.