Bail may be granted when the investigation is complete, the charge-sheet is filed, and the evidence does not support the most severe allegations, provided there is no apprehension of the accused fleeing justice and the trial is expected to be prolonged.

Order

As per Office report, respondent no.2 has been duly served.

This application for bail under Section 483 BNSS has been filed by the petitioner, who has been arrested in connection with F.I.R. No.05/2026 registered at Police Station, Degana, District Nagaur for the offence under Sections 74 , 75(2), 78(2), 308(4) BNS, 2023 and Section 11 /12 of POCSO Act, 2012 .

Counsel for the petitioner submits that after thorough investigation, police has filed charge-sheet under Sections 74 , 75(2), 78(2), 308(4) BNS, 2023 and Section 11 /12 of POCSO Act, 2012 . He submits that from the point-wise investigation done by the police, no offence of rape is made out. It is stated that in the earlier FIR, (being FIR No.230/2025 registered by brother of the prosecutrix), in which, her statement were recorded, she has not levelled any such allegations. He submits that charge-sheet has already been filed and the petitioner is behind bars since 17.01.2026. The trial of case is likely to take a long time, thus, prayed to enlarge him on bail.

Learned Public Prosecutor opposed the bail application, though, stated that the allegations are under POCSO Act, thus, petitioner does not deserve to be enlarged on bail.

This Court has considered the arguments advanced and has gone through challan papers.

In the present case, the police after investigation has not found case of rape against the petitioner and has filed challan under Section 11 /12 of POCSO Act as well as under Sections 74 , 75(2), 78(2), 308(4) BNS, 2023. In the statement of the prosecutrix, it is found that the accused as well as the prosecutrix were talking on phone for quite some time and thereafter they were caught by brother of prosecutrix. Further, in the earlier FIR (being FIR No.230/2025 registered by brother of the prosecutrix), no such allegation of rape has been levelled against the petitioner. In such circumstance looking to the fact that the investigation from petitioner is complete and charge-sheet has already been filed, this Court is inclined to grant bail.

Looking to overall facts of the case and role assigned to the petitioner and further keeping in view of the fact that conclusion of trial of case is likely to take time and the prosecution has not shown any apprehension of the petitioner fleeing away from justice, in case he is enlarged on bail; but, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner under Section 483 of BNSS.

Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Jitendra Tada @ Jitu S/o Shri Diyaram arrested in connection with F.I.R. No.05/2026 registered at Police Station, Degana, District Nagaur shall be released on bail, if not wanted in any other case, provided he furnish 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.

Looking to the fact that the prosecutrix and the accused-petitioner are residents of same village, petitioner will not harass or try to contact either the prosecutrix or her family members. In case, any complaint is received by the SHO concerned, the SHO shall convey the same to learned Public Prosecutor, who shall be at liberty to file appropriate application before this Court.