Bail is the rule and jail is the exception; considerations for granting bail include the nature of the accusation and the applicant's character.

ORAL ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11211035240418 of 2024 registered with Muli Police Station, District Surendranagar for the offences punishable under Sections 137(2), 87, 64(2)(i), 62(2)M) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and sections 3(A), 4, 5(l), 6 and 12 of the Protection of Children from Sexual Offences Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and now nothing is required to be recovered or discovered as the charge-sheet is filed. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the ground that if the applicant is released on bail then the possibility of tampering with evidence cannot be ruled out.

[5.0] Learned advocate for the complainant has opposed the present application on the ground that merely charge-sheet is filed is not a ground to grant regular bail to the applicant and admittedly the applicant developed physical relations with the victim. Hence, he has requested to dismiss the present application.

[6.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.

[7.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers.

[8.0] Considering the fact that investigation is over, charge-sheet is filed and commencement of trial will take its own time and as the applicant is aged only 20 years and obviously trial will take its own time and applicant not having any past antecendent, without discussing on merits, present application deserves consideration.

[9.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre- trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.

[10.0]In the facts and circumstances of the case