Ajith vs The State

The petitioner, who was arrested and remanded to judicial custody on 30.07.2026 for the alleged offence under Sections 137(2) and 65(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 5(m) and 5(n) read with Section 6(1) of the Protection of Children from Sexual Offences Act, 2012, in Crime No.33 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that due to previous enmity, vengeance and other personal differencs between the parties. Hence, the case.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody since 30.07.2026 and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the Petitioner.

The learned Government Advocate (Criminal Side) vehemently opposed the grant of bail to the petitioner, submitting that the investigation is at its initial stage, that the victim is a four-year-old girl, and that her statement recorded under Section 183 of the BNSS clearly narrates the occurrence. It was further submitted that, if released on bail at this stage, the accused may abscond, tamper with the witnesses, and repeat similar offences.

Considering the fact that the investigation is at its initial stage, the victim is a four-year-old girl, and her statement recorded under Section 183 of the BNSS clearly narrates the occurrence, this Court is not inclined to grant bail to the petitioner, as there is a likelihood of the petitioner absconding, tampering with witnesses, and repeating similar offences.

Accordingly, this Criminal Original Petition is dismissed.