ORDER : 1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.17/2023 registered at Police Station Jaloda Jagir, District Pratapgarh, for offences under Sections 363 , 366, 344 , 506 & 376(2)(m) of IPC and Sections 3/4 & 5/6 of POCSO Act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner submitted that the petitioner who is aged about 19 years has falsely been roped in a criminal case. Learned counsel submitted that the victim ‘C’ on 17.11.2023 voluntarily eloped with the present petitioner and travelled with him to various places using public transportation. Learned counsel further submitted that the victim ‘C’ stayed in the company of the present petitioner for more than 15 days in a populated city of Gujarat and despite having ample opportunities, she did not disclose the factum of she being abducted or subjected to forcible sexual assault by the present petitioner to anyone. Learned counsel further contended that it was only when she was discovered by the investigating agency, pursuant to the FIR dated 18.11.2023, lodged by the father of the petitioner, she has levelled the allegation of forcible sexual assault-Rape by the petitioner in her statements recorded under Section 164 of Cr.P.C. 4. Drawing attention of this Court towards the challan papers, learned counsel for the petitioner submitted that after recording the statements of victim ‘C’ under Section 164 of Cr.P.C. on 13.02.2024, her supplementary statements were again recorded by the investigating agency on 16.02.2024, wherein she has stated that on the date of the alleged incident, she voluntarily went away with the present petitioner and entered a consensual physical relationship with him. 5. Lastly, learned counsel further submitted that the petitioner is aged about 19 years and he is in judicial custody; investigation has already been concluded against the present petitioner and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner. 6. Per contra, learned Public Prosecutor has vehemently opposed the bail application. Learned Public Prosecutor submitted that looking to the serious allegation against the present petitioner, he does not deserve to be enlarged on bail.
6. Per contra, learned Public Prosecutor has vehemently opposed the bail application. Learned Public Prosecutor submitted that looking to the serious allegation against the present petitioner, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the victim ‘C’ who is aged about more than 17 years in her supplementary statements dated 16.02.2024 has stated that she went with the present petitioner out of her own will & volition and there was no force or collusion by any person and she also stated in her statements that sexual inter-course between her and the petitioner took place with her consent. 7. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail. 8. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Karan S/o Suresh arrested in connection with F.I.R. No.17/2023 registered at Police Station Jaloda Jagir, District Pratapgarh, 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.