Bail denied where a minor victim categorically alleged sexual assault despite a claimed consensual relationship.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after being arrested in connection with Crime No. 160/2026, registered at Police Station Pachpedi, Bilaspur, for alleged offences under Section 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the POCSO Act

The prosecution alleged that the victim, then aged 17 years and 10 months, complained that the applicant sexually assaulted her on the pretext of marriage

The applicant relied on the victim’s cross-examination, which he said described the relationship as consensual, and disputed her age; he also submitted that the investigation was complete, the charge-sheet had been filed, and he had been in custody since 8 June 2026

The State opposed bail, and the victim and her mother also objected

1. Whether the applicant should be granted regular bail, having regard to the victim’s age, her allegations, and the nature and gravity of the alleged offences

2. Whether the applicant’s contentions concerning consent and the victim’s age justified release on bail at this stage

Section 483 of the BNSS, 2023, provides the basis for the application for regular bail

The alleged offences were under Section 64(2)(m) of the BNS and Sections 4 and 6 of the POCSO Act

In considering bail, the Court stated that it must not conduct a mini-trial or undertake a detailed assessment of the evidence; the reliability and credibility of oral and documentary evidence are matters for the trial court

The trial court was to assess the documentary evidence concerning the victim’s age

The Court treated the victim’s age as below 18 on the date of the incident and noted that she had made a categorical allegation of sexual assault in her deposition

It declined to resolve the competing submissions about her age by evaluating the documents at the bail stage, leaving that evidentiary question to the trial court

In light of the victim’s age, the allegation, the applicant’s role, and the nature and gravity of the offences, the Court was not inclined to grant bail

The Court rejected his application for regular bail in connection with Crime No. 160/2026