Regular bail may be granted in cases of alleged sexual offences where prima facie evidence suggests a consensual intimate relationship that subsequently soured, provided the charge-sheet is filed and the accused has no prior criminal record.

ORAL ORDER

1. Heard learned Advocate Mr. Minhaj Shaikh appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Trupesh Kathiriya 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. 11184012250711 of 2025 registered with Zoz Police Station, District Chhota Udepur, for the offence punishable under Sections 64(2)(M), 89 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

4. Learned Advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that since the charge-sheet is filed, no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

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 looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the 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 and well as the statement of the prosecutrix under Section 183 has been taken out from the sealed cover by this Court, read over and returned back to the learned APP. Following aspects are considered:-

i. Allegation being that the accused had raped the complainant and whereas he had also tried to have persuaded the complainant to undergo abortion by giving some medicines.

ii. Prima facie it would appear that the parties were having a relationship, more particularly the FIR itself describes that the complainant was raped by the applicant on 3-4 different occasions in the very same style in the very same place.

iii. It also appears that after the last rape, since the complainant felt that she had conceived, the complainant had contacted the present applicant and the present applicant is alleged to have provided some pills, which according to the complainant, were for causing abortion.

iv. The said conduct on part of the complainant would lead to a prima facie conclusion that the complainant and the applicant were having an intimate relationship and whereas for some reason, as of now the FIR being filed on account of the relationship going sour.

v. This Court has also considered the fact that the present applicant is in custody since 29.07.2025, the charge-sheet is filed and the applicant not having any antecedent.

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

7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant 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.

8. Hence, the p