Bail granted when complainant and husband do not support rape accusation.

This is a second bail application filed by Applicants Prem Chand and Ram Prasad under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 for regular bail.

They are in judicial custody since April 19, 2025, in connection with Crime No. 85 of 2025registered at Police Station-Soyat Kalan, District Agar Malwa for offenses under Sections 70(1), 64(2)(h), and 87 of the BNS, 2023.

Their first bail application was dismissed as withdrawn on October 16, 2025.

The complainant (PW-1) aged 28, reported on April 19, 2025, that on April 14, 2025, the applicants forcefully took her on a motorcycle to a secluded place and committed rape.

She sustained injuries when attempting to get off the motorcycle, and the applicants threatened her.

She reported the incident three days later.

The applicants were arrested on April 19, 2025, and have been in custody ever since.

Crucially, the complainant (PW-1) and her husband (PW-2) have been examined during the ongoing trial and did not support the accusation.

Only four out of eleven prosecution witnesses have been examined, and the trial is not progressing due to a vacant court.

1. Whether the applicants, Prem Chand and Ram Prasad, should be granted regular bail given that the complainant and her husband have not supported the accusation, the trial is progressing slowly, and they have no prior criminal record?

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023, which pertains to the grant of regular bail.

The court considered established principles for bail adjudication, including the gravity of the alleged offense, the likelihood of the accused tampering with evidence or influencing witnesses, the possibility of the accused fleeing from justice, and the progress of the trial.

It also implicitly considered the evidentiary value of statements made by witnesses during the trial's early stages.

The court found prima facie merit in the applicants' contention that they are falsely implicated, noting that the complainant (PW-1) and her husband (PW-2) did not support the accusation during their examination.

This significantly undermines the prosecution's case.

While the State opposed bail citing the gravity of the offense and a DNA examination report, it conceded that the applicants have no criminal antecedents.

The court considered the applicants' socio-economic status as laborers with family responsibilities, which lessens the likelihood of them fleeing justice.

The slow pace of the trial due to a vacant court also weighed in favor of granting bail, as prolonged incarceration without significant trial progress would cause hardship.

The court concluded that there were no compelling reasons to continue the applicants' incarceration, noting that the veracity of the prosecution's claims would be determined during the full trial.

Applicant No.1 Prem Chand and Applicant No.2 Ram Prasad shall be released on bail upon furnishing a personal bond of Rs. 25,000/- each with a separate surety of the same amount.

The bail is conditional on their presence at every hearing, refraining from similar offenses, avoiding inducement or threats to persons acquainted with the facts, not tampering with evidence or influencing witnesses, and ensuring compliance with Section 309 of Cr.P.C./346 of BNS, 2023 regarding witness examination.

This order is effective until the end of the trial, with the trial Court retaining the power to cancel bail in case of a breach of conditions.