Bail should be granted when the investigation is complete and the chargesheet is filed, particularly for offences not punishable by death or life imprisonment, adhering to the principle that 'bail is a rule and jail is exception' to protect personal liberty under Article 21 of the Constitution.

ORDER

1) RULE.

Learned APP waives service of rule for the respondent-State.

2) 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.11217006260035 of 2026 registered with Chanasma Police Station, Patan for the offences under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 [64(2) (M), 65(1), 87 of the Bharatiya Nyaya Sanhita, 2023 and S. 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

3) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. The applicant is 21 years old boy and having no past antecedent. He further submitted that, there was love affair between the applicant and victim. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4) Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, the applicant is 21 years old and victim is 16 years old at the time of incident and if he is released on bail, possibility cannot be ruled out to tamper with the evidence. Further, sufÏcient material is collected. Considering the same, she prays not to allow the present application.

4.1) Ms. Urmila N. Desai, learned counsel for respondent No. 2 has also opposed the application and submitted that, the applicant is facing serious charge of POCSO Act and if he is released on bail, possibility cannot be ruled out to tamper with the evidence and possibility to cause dramatic situation of the victim. Considering the conduct of the applicant, application does not deserve any consideration.

5) 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.

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

(1) Investigation is over and charge-sheet is filed;

(2) None of the offence alleged is punishable with life sentence or death penalty and are triable by the Court of JMFC;

(3) Applicant is behind the bars since 18.01.2026;

(4) There is nothing to be recovered or discovered from the applicant;

(5) Obviously commencement and conclusion of trial will take some time.

7) 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