Bail granted after the victim’s testimony materially weakened allegations of kidnapping and aggravated sexual assault.

The petitioner, Hasin Nayak, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in two criminal cases: Semiliguda P.S. Case No. 30 of 2026, corresponding to T.R. Case No. 34 of 2026, and Jeypore Town P.S. Case No. 54 of 2026, corresponding to T.R. Case No. 65 of 2026.

Both matters were pending before the Special Court under the POCSO Act-cum-Additional Sessions Judge, Jeypore, and involved the same accused and victim.

The alleged offences were under Sections 137(2), 64(2)(m) and 65(1) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 4(2) and 6 of the POCSO Act.

The prosecution allegation was that the petitioner had kidnapped the victim and committed rape and aggravated penetrative sexual assault upon her.

The petitioner had been in custody since 16 March 2026.

In one trial, the victim had already been examined and testified that she had gone with the petitioner to Kotpad, that her father had lodged the FIR after they allegedly eloped again, and that she had made statements implicating the petitioner under pressure from her family.

She also stated that the petitioner had not forced her to do anything.

In the other case, the victim had stated before the Magistrate that she was in love with the petitioner.

The trial in one case had commenced, while the victim was yet to be examined in the other.

Whether the petitioner should be released on bail under Section 483 of the BNSS, 2023, in both pending POCSO-related criminal cases, having regard to the victim’s statements and the stage of trial.

Whether bail should be granted subject to conditions safeguarding the victim, witnesses and the integrity of the pending trials.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant bail.

The prosecution cases involved Sections 137(2), 64(2)(m) and 65(1) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 4(2) and 6 of the Protection of Children from Sexual Offences Act, 2012.

In determining bail, the Court considered the nature of the allegations, the material evidence presently available, the victim’s testimony, the period of custody, and the progress of the trial, without expressing any final opinion on the merits of the prosecution case.

Bail could be conditioned by prohibiting contact with the victim, interference with witnesses, and by requiring periodic attendance before the police.

The Court noted that although the allegations involved kidnapping, rape and aggravated penetrative sexual assault, the victim’s evidence in the commenced trial materially qualified the prosecution version.

She stated that she had accompanied the petitioner to Kotpad, had implicated him before the police due to pressure from her family, and that he had not forced her to do anything.

Her statement in the other case that she was in love with the petitioner was also considered.

These circumstances, together with the petitioner’s age of approximately 24 years, his custody since 16 March 2026, and the commencement of trial in one case, persuaded the Court to grant bail in both matters.

The Court expressly clarified that it was not adjudicating the merits of the allegations.

To address the risks of intimidation, influence or interference, bail was made subject to restrictions on contact with the victim and witnesses and to periodic police attendance.

The petitioner was prohibited from contacting or visiting the victim, threatening or influencing the victim or other witnesses, and was required to report to the jurisdictional police station once every fortnight, preferably on a Sunday between 10:00 a.m. and 12:00 noon, for three months from release.

The police were directed not to detain him unnecessarily after recording attendance, and the State or informant was given liberty to seek cancellation of bail upon violation of the conditions or otherwise in accordance with law.

Both applications were accordingly disposed of.