BAIL GRANTED: Court considers romantic relationship and belated sexual assault allegations, absent criminal record.

The applicant, Lakhan Singh, filed a first application under Section 483 of BNSS, 2023, seeking bail in connection with Crime No. 9/2026 registered at Police Station - Alot, District Ratlam (M.P.).

The offenses are punishable under Sections 74, 333, 351(3), and 64(2)(m) of BNS, 2023, and Sections 5L/6 & 7/8 of the POCSO Act.

The applicant has been in judicial custody since January 27, 2026.

The victim, aged 17 years and 11 months, reported to the police on January 6, 2026, that on January 2, 2026, Lakhan entered her home, inappropriately touched her, and threatened her.

Initially, the victim declined a medico-legal examination.

Later, in her statement recorded under Section 180 of BNS, 2023, on January 7, 2026, she alleged that Lakhan had committed penetrative sexual assault three months prior.

The investigation is almost complete, and further custodial interrogation is not deemed necessary.

The applicant is 23 years old, an agriculturist, with no criminal antecedents.

1. Whether the applicant, Lakhan Singh, should be granted bail despite the gravity of the alleged offenses, considering the stage of the investigation and his personal circumstances?

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which pertains to the grant of bail.

The court also considered the gravity of the alleged offenses under Sections 74, 333, 351(3), and 64(2)(m) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 5L/6 and 7/8 of the Protection of Children from Sexual Offences (POCSO) Act.

Principles guiding bail decisions, including the likelihood of the applicant fleeing justice, tampering with evidence, influencing witnesses, and the applicant's criminal antecedents and socio-economic status, were also considered.

The court analyzed the applicant's request for bail by considering the alleged facts in light of the applicable legal principles.

While acknowledging the gravity of the offenses, particularly those under the POCSO Act, the court noted that the investigation was almost complete, and further custodial interrogation of the applicant was not required.

The court considered the applicant's submission that the allegations of penetrative sexual assault were made at a belated stage, potentially indicating false accusation or pre-meditation to increase the gravity of the case.

The applicant's clean past, family roots, lack of criminal antecedents, and profession as an agriculturist were viewed favorably, suggesting no likelihood of fleeing from justice, tampering with evidence, or influencing witnesses.

The court also considered the hardship of continued incarceration for the young applicant and his dependent family.

The contentions advanced by the applicant were deemed to have prima-facie merit and not manifestly baseless, and the court emphasized that the veracity of the prosecution and complicity would be determined during the trial.

The application was allowed, and Lakhan Singh was ordered to be released on bail for Crime No. 9/2026 upon furnishing a personal bond of Rs. 25,000/- with one surety of the same amount.

The bail is subject to standard conditions, including appearing in court, not committing similar offenses, not inducing or threatening persons acquainted with the facts, and not tampering with evidence or witnesses.