Bail may be granted when prima facie evidence suggests the victim acted voluntarily, the accused has no criminal antecedents, and the investigation is complete, provided there is no risk of witness tampering or absconding.

Order

This second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.197/2024 registered at Police Station Kuchera, District Nagaur, for the offences under Sections 137(2), 127(4) and 64(1) of BNS.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submitted that the complainant–Radheshyam lodged an FIR at Police Station Kuchera on 16.10.2024 alleging that his sister-in-law’s daughter ‘S’, aged about 17 years, was taken away by the petitioner by wheedling her. It was further alleged in the FIR that about three months prior to the lodging of the FIR also, the petitioner had taken the victim away by misleading her.

Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. Drawing the attention of the Court to the documents on record as well as to the statements of the victim recorded under various provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), learned counsel submitted that, in fact, on the date of the alleged incident, the victim, of her own free will, left the complainant’s house with the present petitioner and travelled with him to Jaipur, where she stayed with him for more than 13 days in a rented premises. Attention of the Court was also drawn towards the statement of Mukesh recorded under Section 180 BNSS, wherein he stated that the petitioner informed him that he had married the victim and required a room to reside with her, pursuant to which the keys of the rented premises were handed over to him. Learned counsel further submitted that during the entire period when the victim was in the company of the petitioner, despite having ample opportunities, she did not disclose to anyone that she had been forcibly abducted or subjected to sexual assault.

Lastly, learned counsel submitted that the petitioner is presently in judicial custody; the investigation has already been completed; the statements of the victim have been recorded before the competent criminal Court; and the trial is likely to take a considerable period of time. On these grounds, it was prayed that the benefit of bail be granted to the accused-petitioner.

Per contra, learned Public Prosecutor and learned counsel for the complainant vehemently opposed the bail application.

Having considered the rival submissions and the facts and circumstances of the case, this Court prima facie finds that prior to the lodging of the FIR and even on an earlier occasion, the victim had gone away with the present petitioner of her own volition. The victim, while in the company of the petitioner, travelled with him by public transportation and stayed in rented premises. Despite having ample opportunities, the victim did not disclose to anyone that she had been forcibly abducted or subjected to sexual assault.

This Court also prima facie finds that the petitioner has no criminal antecedents. The statements of the victim have already been recorded before the competent criminal Court. The learned Public Prosecutor has not expressed any apprehension of the petitioner influencing the remaining material prosecution witnesses or absconding from justice in the event he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Budha Ram S/o Jagdish arrested in connection with F.I.R. No.197/2024 registered at Police Station Kuchera, District Nagaur, 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.

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