Bail may be granted when principal witnesses turn hostile and the trial is likely to take a long time, ensuring the accused is not kept in custody indefinitely without a clear prospect of immediate conviction.

Order

1. This application for bail has been filed by the petitioner under Section 483 of BNSS (old Section 439 of Cr.P.C.) in connection with FIR No. 92/2025 dated 04.05.2025, Police Station Anandpuri Banswara, for the offences under Sections 70(2) of the BNS, 2023 and Sections 5(g) and 6 of the POCSO Act.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and false allegations have been levelled against him. The complainant Vijay Pal, PW-3 (uncle of victim) has turned hostile and has specifically denied the allegation as alleged in the FIR. Sohan Bhai Garasiya, who is father of the victim, was also examined as PW-2 and he too has turned hostile. While referring to the statement of PW-1, i.e. the victim, he submits that she too has denied the allegation as referred in the FIR. Though the petitioner was aged about 15 years and 9 months at the time of the alleged incident, however, victim’s father has categorically stated that petitioner is aged about 20 years. The petitioner is in judicial custody since 08.05.2025 and the trial will take sufficiently long time, therefore, he deserves to be enlarged on bail.

3. Learned Public Prosecutor vehemently opposes this bail application and submits that prima facie victim is a minor girl and till the issue of age is not ascertained, the petitioner may not be enlarged on bail.

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

5. Having considered the rival submissions, facts and circumstances of this case and after perusing the challan so also considering the fact that all the three principal witness have turned hostile; at the time of incident the victim was aged about 15 years, 9 months or 20 years as stated by the victim’s father, is to be decided in the trial, in the considered opinion of this Court, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period as the trial will take sufficiently long time. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Accordingly, the bail application filed under Section 483 of BNSS is allowed. It is ordered that petitioner- Ajay S/o Bapulal, shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.