After Victim Turns Hostile At Trial, Chhattisgarh HC Grants Bail To Man Accused Of Sexually Assaulting 16-Year-Old

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after his arrest in Crime No. 28/2026 for alleged offences under Sections 137(2), 96, 87, 64(2), 142, 143, 144 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 6 of the POCSO Act.

The prosecution alleged that he sexually assaulted the victim, then stated to be 16 years and 8 months old, on the pretext of marriage.

The victim’s mother appeared by video conference and consented to the applicant’s release on bail.

The applicant submitted that the victim had testified at trial, stated her age as 20, and did not support the prosecution; he also relied on his custody since 4 April 2026 and lack of criminal antecedents.

The State opposed bail, relying on the victim’s alleged age and the seriousness of the allegations.

The application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for regular bail.

The Court considered the circumstances relevant to the bail decision, including the evidence recorded at trial, the applicant’s criminal antecedents and period in custody, and the likely time required to conclude the trial.

No precedent or more specific statutory test was cited in the order.

The Court imposed attendance and non-adjournment conditions, with consequences for specified defaults, under the provisions identified in the order.

The Court considered that the victim had already been examined and had not supported the prosecution, had stated her age as 20, and had denied the suggestions put to her by the Public Prosecutor.

It also took into account the applicant’s lack of criminal antecedents, custody since 4 April 2026, and the likelihood that the trial would take time to conclude.

On those grounds, the Court found it appropriate to grant bail, notwithstanding the State’s opposition based on the seriousness of the allegations and the victim’s alleged age.

Bail was subject to conditions requiring the applicant to avoid seeking adjournments when witnesses are present, attend court as directed, appear personally on specified trial dates, and comply with the stated consequences for non-appearance or misuse of bail.