Regular bail may be granted in cases involving BNS and POCSO Act offenses if the investigation is complete (charge-sheet filed), the accused has no criminal antecedents, and an amicable settlement has been reached between the parties.

ORAL ORDER

1. Heard learned advocate appearing on behalf of the applicant, learned advocate Mr. Y. K. Dave for the respondent no. 2 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. 11993007251745 of 2025 registered with B-Division Gandhidham Police Station, Kachchh East- Gandhidham for the offence punishable under Sections 137(2), 87 and 64(1) of the BNS, 2023 and Sections 4 and 6 of the POCSO Act, 2012 .

4. Learned advocate for the applicant would submit that, considering the role attributed to the applicant, and nature of the allegation leveled, the applicant may be enlarged on regular bail. It is further submitted that, since the charge-sheet is filed, further incarceration of the applicant will not benefit the Investigation OfÏcer in any manner. 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 discretion in favour of the applicant and the application may be dismissed.

5.1 Mr. Y.K. Dave, learned advocate appears for the original complainant. He is permitted to file his vakalatnama in the Registry. Mr. Dave, learned advocate for the original complainant places on record the afÏdavit filed by the original complainant Mr. Bavlabhai Bachubhai Buchiya, and submits that, the dispute between the applicant and the original complainant has been amicably settled. The original complainant is present in the court and has afÏrmed the contents of his afÏdavit.

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

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

ii. The applicant does not have any criminal antecedents;

iii. The investigation is over and charge-sheet has been filed;

iv. The applicant was aged 24 years and the victim was aged 16 years and 19 days old, at the relevant time;

v. The original complainant Mr. Bavlabhai Bachubhai Buchiya, the father of the victim who is present before the Court has submitted that, the dispute between both the families has been amicably resolved. He has afÏrmed the contents of his afÏdavit.

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 present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11993007251745 of 2025 registered with B-Division Gandhidham Police Station, Kachchh East- Gandhidham,