Court granted bail based on lack of evidence and absence of criminal antecedents.

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 sole accused in Crime No.317/2025 of Valiyathura Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 329 (3), 126(2), 115(2), 74, 75, 75(1)(i), 75(2), 62 and 64 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on

10.03.2025 at about 10:45 p.m., when the defacto complainant stepped outside her residence, the applicant wrongfully restrained her and forcibly caught hold of her. It is alleged that when she raised an alarm, the applicant gagged her by pressing a cloth into her mouth with the intention of preventing her from shouting. The prosecution further contends that he attempted to compel her to lie on the floor, but the defacto complainant resisted and succeeded in pushing him away. It is also alleged that the applicant voluntarily caused hurt by repeatedly assaulting her with his fists, tore her blouse during the scuffle, and attempted to commit rape on her and thereby committed the offences. 4. I have heard Sri.J.R.Prem Navaz, 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

12.03.2025. The investigation is over and the final report has already been filed. The applicant has no criminal antecedents. 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 sureties shall be from the State of Kerala.

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

(iv) 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.

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

(vi) 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/-