The court established that completion of investigation and absence of tampering concerns warrant granting bail, balancing seriousness of allegations against the accused's personal liberty.

Order

17/07/2025 This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.53/2025 registered at Police Station Jaitaran, District Beawar, for offences under Sections 137(2), 87 of the BNS, 7/8 of the POCSO Act and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

As per prosecution story on 03.02.2025 the petitioner allegedly took the victim “R”, aged about 15 years forcefully to Bus Stand Jaitaran and from Jaitaran, they reached at Jodhpur by Bus. Thereafter, from Jodhpur the petitioner took victim “R” to the Agra by train and then proceeded to Kanpur. It is alleged that the petitioner kept victim “R” in a room at Kanpur and tried to commit illicit act forcibly.

Learned counsel for the petitioner submits that the victim “R”

accompanied the petitioner out of her own free will and willingly travelled with him. Learned counsel submits that the victim “R” has been examined before the competent criminal Court as PW-1. Learned counsel further submits that in her statements recorded under Section 180 BNS and 183 BNS, by the Investigating Officer as well as Magistrate, the victim “R” has changed her version of the event with regard to the places where they travelled together on 25.04.2025 and 24.02.2025. It is contended that in view of victim’s statement already recorded, therefore, there is no apprehension of the petitioner influencing the victim or tampering with the evidence. Learned counsel submits that the petitioner is aged about 20 years and he is in judicial custody since 19.02.2025. The charge sheet has already been filed against the petitioner under Section 137(2), 87 of the BNS, 7/8 of the POCSO Act and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused- petitioner. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submits that the petitioner forcibly attempted to commit sexual assault against the victim “R”. It is thus prayed that looking to the seriousness of the allegations levelled against the petitioner, he does not deserves to be enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, and perusal of the record, this Court prima facie find that the petitioner is aged about 20 years, and statements of the victim “R” have already been recorded before the competent criminal Court and that the investigation is already been complete in the matter and that there is no apprehension of the petitioner tampering with any evidence; the prosecution has not shown any apprehension of petitioner influencing the remaining prosecution witnesses or fleeing away from justice or tampering with the evidence; without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 483 of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner Harshit Kushwah S/o Shri Devi Dayal, arrested in connection with F.I.R. No.53/2025 registered at Police Station Jaitaran, District Beawar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.