Bail Granted After Charge-Sheet Filing Where Medical and Forensic Findings Did Not Support Penetrative Assault

Facts

The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case alleging offences under Sections 64(2)(k) and 137(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4, 6 and 10 of the Protection of Children from Sexual Offences Act, 2012.

Source reference: p. 2, paras. 1–2

The complainant alleged that the petitioner sexually assaulted her 16-year-old daughter, who was alone at home on 6 June 2025.

Source reference: p. 2, paras. 1–2

The petitioner was arrested and remanded to judicial custody; the investigation was completed and a charge-sheet filed.

Source reference: p. 3, para. 3; p. 6, para. 8

The petitioner relied on the medical and forensic material, including the intact hymen, the absence of clinical findings suggestive of penetrative intercourse, and the absence of detected seminal or blood stains. The prosecution and the victim’s mother opposed bail, citing the victim’s statement and the risk of witness tampering.

Source reference: pp. 3–4, paras. 4–6

Issues

1. Whether the petitioner was entitled to regular bail, having regard to the allegations, the material on record and the completion of the investigation.

Source reference: pp. 5–6, paras. 8–9

2. Whether conditions could adequately address the risk of witness tampering or other interference with the trial.

Source reference: p. 6, para. 9; p. 7, bail conditions

Law Applied

The Court considered the bail jurisdiction under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure), in the context of the charged offences under Sections 64(2)(k) and 137(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4, 6 and 10 of the POCSO Act.

Source reference: pp. 1–2, para. 1

In assessing bail, it considered the nature and gravity of the allegations, the severity of the possible punishment, the likelihood of absconding, the petitioner’s character and antecedents, and the possibility of tampering with prosecution witnesses.

Source reference: p. 6, para. 9

Reasoning

The Court acknowledged that the victim was a minor and that, in her statement recorded under Section 183 of the BNSS, she accused the petitioner of sexual assault.

Source reference: p. 5, para. 8

It also considered the medical and forensic material, which recorded no clinical findings or RFSL results suggestive of penetrative intercourse and no detected seminal stains on the articles examined; blood stains were also not detected on the petitioner’s clothing.

Source reference: p. 5, para. 8

Taking this material together with the completion of the investigation and filing of the charge-sheet, and weighing the relevant bail considerations, the Court concluded that bail could be granted subject to conditions.

Source reference: pp. 5–6, paras. 8–9

Holding

The Court allowed the petition and ordered the petitioner’s release on bail in Spl.S.C. No. 77/2025 on a personal bond of Rs. 2,00,000 with two sureties for the like sum.

The petitioner must not threaten or tamper with prosecution witnesses, must attend trial as required, and must not become involved in similar or other offences; breach of any condition may lead the prosecution to seek cancellation of bail.

Source reference: p. 7, bail conditions

The Court clarified that its observations were confined to disposal of the bail petition.

Source reference: p. 7