Bail may be granted when the medical evidence contradicts the charges (specifically sexual assault) and all material witnesses, including the victim and parents, turn hostile during the trial.

Order

1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Shankar Lal S/o Mohan Lal Saran seeking bail in respect of a criminal case registered as FIR No.22/2026 dated 25.01.2026 registered at Police Station Mukta Prasad Nagar, District Bikaner, for the offence under Sections 309(4), 137(2) and 74 of the BNS and Section 9(m)/10 of the POCSO Act, 2012.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

3. Learned counsel for the petitioner submits this is not a case under the POCSO Act as in medical report itself, the sexual assault has already been answered as ‘no’, but still police has filed the charge-sheet under Section 7/8 of POCSO Act. He further submits that both the victim and her parents were examined by the trial court and they have turned hostile and not supported the case of prosecution. He also submits that present petitioner is in custody since his arrest.

4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature and he also submitted that complainant victim has already been informed about filing of the present bail application.

5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

6. On basis of a complaint lodged by father of the victim on 25.01.2026 about the incident of 24.01.2026, FIR No.22/2026 was registered at Police Station Mukta Prasad Nagar, District Bikaner. The statement of victim were recorded under Sections 180 and 183 of BNSS and further after making arrest of petitioner-accused on 26.01.2026, charge-sheet has already been filed. After the filing of charge-sheet, three witnesses including victim PW-1 and parents of victim PW-2 and PW-3 were also examined by the trial court. The medical report itself indicate that this is not a case of sexual assault. Victim has turned hostile who is a 5 years old toddler, whereas PW-2 and PW-3, father and mother of victim have also turned hostile and not supported the case of prosecution.

7. This Court also finds that the applicant-accused has remained in custody for a considerable period of time and that the trial/proceedings are likely to take further time to conclude. Therefore, looking to the entirety of the facts and circumstances of the case and without expressing any opinion on the merits thereof, this Court deems it appropriate to grant bail to the applicant-accused.

8. Thus, the instant bail application filed on behalf of applicant-accused Shankar Lal S/o Mohan Lal Saran, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

(i) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

(iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the T