Regular bail may be granted after the charge-sheet is filed if the accused has no criminal antecedents, the complainant expresses no objection due to an amicable settlement, and evidence suggests a consensual romantic relationship between the parties.

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. 11210054253405 of 2025 registered with Sachin Police Station, Surat City, for the offence punishable under Sections 137(2), 87, 64(2), (I), (M), 65(1) of the BNS and under Sections 4 , 5(L), 6 and 8 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 levelled, 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 Officer 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.

6. Learned advocate Ms.Sonal J. Bhavsar has placed on record, the affidavit of the original complainant.

7. 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 a permanent resident of District:Vadodara, hence, would be available at the time of trial.

ii. The original complainant-who is the brother of the victim, is present before the Court. He has filed the affidavit stating that, due to intervention of the elders of the village, the dispute pertaining to the FIR has been resolved amicably, and he does not have any objection if the bail is granted to the present applicant.

iii.On perusing the statement of the victim which came to be recorded under Section 183 of the BNS, 2023 by the learned JMFC of Surat, it appears that, the applicant and the victim were known to each other, and they were in romantic relationship.

iv.The original complainant is present before the Court and has affirmed the averments of this affidavit.

v. The applicant does not have any criminal antecedent.

vi.Investigation being over, charge-sheet has been filed.

vii. The apprehension of the learned APP as regards the applicant if granted bail, he would once again indulge in such or similar offense, can be put to rest by imposing stringent conditions.

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 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 appl