Insufficient evidence does not justify continued detention; bail granted with conditions.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.2 in Crime No.665/2025 of Cheranalloor Police Station, Ernakulam District. The offence alleged is punishable under Section

64(2)(m) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the applicant committed rape on the victim at his house on 01.12.2025 at about 1.30 a.m. against her will, without her consent and thereby committed the offence.

4. I have heard Sri.Vinay Vijay Shanker, the learned counsel for the applicant and Sri.K.A.Noushad, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

02.12.2025. The applicant is aged 24 years and the victim is aged 22 years. A reading of the FIS would show that the applicant's sister and the victim were close friends. The alleged incident had taken place in the central hall of the applicant's house at midnight on the day of the housewarming ceremony. According to the applicant, he was in a relationship with the victim. The FIS would further show that, at the time of the incident, the victim was in an intoxicated stage. The applicant has no criminal antecedents. The investigation is almost over. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-