ORAL ORDER

1. Heard learned advocate appearing on behalf of the applicant and learned Additional Public Prosecutor appearing on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11206038240348 of 2024 registered with Laghnaj Police Station, Mehsana, for the offence punishable under Sections 363, 366 and 376(2)(n) of the IPC as well as Sections 4, 5(L), 6 and 8 of the POCSO Act.

4. Learned advocate for the applicant would submit that, the applicant was released on regular bail by the Sessions Court, Mehsana vide order dated 01.07.2025 passed in Criminal Misc. Application No. 751 of 2025, subject to conditions. However, the applicant could not remain present before the court during the trial, hence Non-Bailable Warrant was issued, pursuant to which he came to be arrested. Learned advocate for the applicant has submitted that, henceforth the applicant would regularly remain present before the court and would file an undertaking to that effect before the concerned court. Thus, the present application may be allowed.

5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that because of the applicant’s absence, the trial has protracted and the applicant having committed breach of bail conditions, this Court may not exercise discretion in favour of the applicant and the application may be dismissed.

6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

i. The applicant is a permanent resident of Mehsana, hence would be available at the time of trial;

ii. The applicant was granted regular bail by the Sessions Court, Mehsana vide order dated 01.07.2025 passed in Criminal Misc. Application No. 751 of 2025;

iii.As submitted by learned advocate for the applicant under instructions, the applicant could not remain present for the hearing of the case being POCSO Case No. 71 of 2025, as he was not aware about the date of hearing;

iv.The applicant and the victim have married each other and have a child out of the wedlock;

v. The applicant does not have any criminal antecedents.

7. This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40

8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

9. Hence, the applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11206038240348 of 2024 registered with Laghnaj Police Station, Mehsana, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and on payment of Rs.5,000/- towards costs to be deposited with the District Legal Services Authority, Surat, subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect;

[d] not leave the State of Gujarat without prior permission of the Trial Court concerned;

[e] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond and shall not change his residence without prior intimat