Bail granted due to lengthy trial and voluntary relationship.

Order

03/07/2025

1. Heard learned counsel for the parties and perused the material available on record.

2. The present bail application has been filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 on behalf of the petitioner, who is in custody in connection with F.I.R. No.12/2025 dated 12.01.2025, registered at Police Station Kasarvadi, District Banswara, for the offences under Sections 137(2), 87, 127(4), 64 of BNS and Section 5(L)/6, 5(J)(ll)/6 of POCSO Act and Section 84 of JJ Act .

3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case while alleging that the complainant’s father filed an FIR on 12.01.2025 that his daughter went to answer nature’s call, however, she did not return home. Learned counsel further drawing the attention of this Court towards the charge-sheet submits that ‘S’ in her statement under Section 183 BNSS has stated that her date of birth is 12.04.2007 and on the day of incident, she left her house without informing her family members and went to Rajkot where she called the present petitioner and then they both left for village Dokharva at Gujarat and started living as husband and wife. Learned counsel further submits that ‘S’ also stated that they established sexual relations with her consent and lived there for about one month and 20-22 days. Whereafter, they went to Rajkot at the house of elder brother of present petitioner. He further submits that the petitioner is 20 years old and both were having a love affair and ‘S’ left her house and established sexual relation at her own will and volition. He further submits that the trial of the case will take long time and no useful purpose would be served by keeping him behind the bars, therefore, the petitioner may be enlarged on bail. 4. Per contra, learned Public Prosecutor opposed the bail application, however, is not in a position to refute that the victim in her statement stated that she left her house without informing her parents and went to village Dokharva, Gujarat with the present petitioner and lived with him for one month and 20-22 days as husband and wife and established sexual relations with her own will and volition. Learned Public Prosecutor submits that service of complainant is complete and the service report dated

08.06.2025 is taken on record.

5. Taking a careful consideration of the submissions made by learned counsel for the parties and having regard to the entirety of facts and circumstances of the case as available on record and looking to the fact that the trial will consume time, thus, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.

6. Accordingly, the bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 is allowed and it is ordered that the accused-petitioner Vipul @ Anil S/o Shri Ramu, arrested in relation to F.I.R. No.12/2025 dated 12.01.2025, registered at Police Station Kasarvadi, District Banswara, shall be enlarged on bail provided he furnishes a personal bond in sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing as and when called upon to do so.