Bail Granted Considering Victim’s Disavowal, Completed Investigation, and Likely Trial Delay

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in a case registered for offences under Sections 137(2), 87, 64(2) and 65(1)(m) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Sections 3/4(2), 5(I)/6 and 5(j)(ii)/6 of the POCSO Act.

The prosecution alleged that he sexually assaulted the victim, who was stated to be 15 years and 3 months old at the time of the incident; the victim’s father had lodged the FIR.

The charge-sheet had been filed, and the applicant had been in custody since 29 January 2026. The victim and her father had been examined at trial; the applicant submitted that neither supported the prosecution case and that the victim had married him and they had a child.

The victim and her father also appeared before the High Court and raised no objection to bail.

Whether the applicant should be granted regular bail under Section 483 of the BNSS in light of the allegations, the evidence recorded at trial, and the other circumstances of the case.

Whether bail should be subject to conditions intended to secure the applicant’s attendance and prevent misuse of liberty.

Section 483 of the BNSS empowers the High Court to grant bail.

The charged provisions were Sections 137(2), 87, 64(2) and 65(1)(m) of the BNS and the specified provisions of the POCSO Act.

The order states no separate test or precedent governing bail; it assesses the circumstances of the case, including the victim’s trial testimony, the father’s evidence, the applicant’s period in custody, filing of the charge-sheet, and the likely duration of trial.

Bail may be made subject to conditions concerning attendance, adjournments, and appearance at specified stages of trial.

The Court considered the seriousness of the allegations and the State’s submission that the victim was 15 years and 3 months old at the time of the incident.

It nevertheless noted that the victim, examined as PW-1, gave her age as 19, stated that she had married the applicant, and described the allegations as false; the victim’s father also did not support the prosecution.

Alongside those circumstances, the applicant’s custody since 29 January 2026, the filing of the charge-sheet, and the likelihood that trial would take time supported release on bail.

The Court imposed conditions to facilitate the trial and secure the applicant’s attendance.

The applicant must not seek adjournments when witnesses are present, attend each date personally or through counsel, appear personally for the opening of the case, framing of charge, and examination under Section 351 of the BNSS, and comply with the stated consequences for absence or failure to appear following a proclamation.