Bail denied where a minor’s deposition alleges repeated sexual assault on the pretext of marriage.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case alleging offences under Sections 137(2), 87 and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, Sections 5(L)/6 of the POCSO Act, and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989.

After the victim’s mother lodged a missing-person complaint, the victim was recovered in Ambikapur in the applicant’s company.

In her statement under Section 183 BNSS and her deposition before the trial court, she alleged that the applicant sexually assaulted her on several occasions on the pretext of marriage.

The applicant contended that the victim was over 18, that their relationship was consensual, and that her trial testimony contained contradictions and omissions.

He also relied on the completion of the investigation, filing of the charge-sheet, absence of criminal antecedents, and his period in custody.

The State maintained that the victim was 17 years and 4 months old at the time, and her mother opposed bail.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the application for regular bail.

The alleged offences arose under Sections 137(2), 87 and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, Sections 5(L)/6 of the POCSO Act, and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989.

In assessing bail, the High Court must not conduct a mini-trial or undertake a detailed evaluation of evidence; the credibility and reliability of the victim and other prosecution witnesses are matters for the trial court.

The Court considered the prosecution’s position that the victim was below 18 at the time of the incident, together with her allegations of repeated sexual assault in both her Section 183 BNSS statement and trial deposition.

It declined to assess the asserted contradictions or determine the credibility of her evidence at the bail stage, as those matters were for the trial court.

In light of the victim’s age and the seriousness and consistency of the allegations described in the record, the Court was not persuaded to grant bail.