Bail Denied Where a Minor Victim’s Testimony Supports Serious Sexual-Offence Allegations

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 74 and 75(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 8 of the POCSO Act.

The prosecution alleged that the applicant sexually assaulted a 13-year-old student at school on 2 February 2026; the victim’s friend allegedly witnessed the incident. After investigation, a charge-sheet was filed, and the victim was examined at trial and supported the prosecution case. The applicant, in custody since 3 February 2026, denied the allegation and claimed false implication arising from a wage dispute.

1. Whether the applicant should be granted regular bail under Section 483 of the BNSS, having regard to the seriousness of the allegations and the victim’s testimony.

2. Whether the applicant’s custody, completion of the investigation, and filing of the charge-sheet warranted release on bail despite the victim supporting the prosecution case.

Section 483 of the BNSS was the provision invoked for regular bail.

The Court considered the nature and gravity of the allegations, the applicant’s period in custody, the stage of the investigation, and the victim’s evidence in assessing whether bail was appropriate. It also referred to the Supreme Court’s order dated 28 September 2026 in In Re: Recent Rape Incidents in Delhi NCR, Suo Motu Writ Petition (Criminal) No. 6 of 2026, noting the emphasis placed there on the safety, dignity, and protection of women and children from sexual offences.

Although the applicant relied on his custody, the completion of the investigation, and the filing of the charge-sheet, the Court found the allegations serious.

In particular, the victim had already testified and supported the prosecution account, stating that the applicant approached her on the pretext of drinking water, caught her from behind, and touched her chest. Considering that evidence alongside the nature and manner of the alleged offence, and the concerns regarding protection of children from sexual offences, the Court concluded that bail was not warranted.

The Court rejected his application for regular bail in Crime No. 20/2026, registered at Patewa Police Station, for offences under Sections 74 and 75(2) of the BNS and Section 8 of the POCSO Act.