Bail granted where medical evidence fails to corroborate allegations and principal witness examination is concluded.

The applicant, Dharamveer @ Bunty, sought regular bail after being arrested on 16.06.2024 in connection with F.I.R. No. 168 of 2024.

He was charged with offenses involving physical relations under the pretext of marriage and the subsequent miscarriage of the victim, who was reportedly over 17 years old at the time of the incident.

The prosecution alleged the victim suffered a miscarriage after slipping from stairs following the assault.

Procedurally, the victim (star witness) had already completed her examination-in-chief on 07.11.2024.

1. Whether the applicant is entitled to the grant of regular bail considering the period of incarceration, the status of witness examination, and the medical evidence on record.

The court's decision was governed by the principles of bail under the Code of Criminal Procedure (now BNSS contextually), specifically concerning Section 376 (Rape), 323 (Voluntary hurt), 504 (Insult), and 506 (Criminal intimidation) of the Indian Penal Code (IPC), and Sections 5/6 of the POCSO Act.

The court applied the principle that bail may be granted when the primary witness (star witness) has already been examined, thereby mitigating the risk of tampering with evidence or influencing witnesses.

It also relied on the principle that the lack of medical corroboration for specific prosecution allegations (miscarriage) weakens the grounds for continued detention.

The court evaluated the applicant's custody since June 2024 against the slow progress of the trial, noting that only one witness had been examined and a swift conclusion was unlikely.

The Judge observed that while the victim supported the prosecution version regarding the assurance of marriage, she was a "well acquainted" minor of nearly 18 years at the time.

Crucially, the court found that the medical evidence failed to prima facie corroborate the prosecution's claim regarding the victim's miscarriage.

Furthermore, since the victim had already testified, the court reasoned that the risk of the applicant influencing her or tampering with evidence was substantially diminished.

The absence of criminal antecedents and the applicant's undertaking to cooperate were also weighed in favor of liberty.

The court ordered the release of Dharamveer @ Bunty upon the execution of a personal bond and two reliable sureties of like amount to the satisfaction of the trial court.

The court clarified that this grant of bail was without expression on the ultimate merits of the case.