Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered for offences under Section 69(2)(m) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the POCSO Act, 2012
Source reference: para. 1The prosecution alleged that he sexually exploited the victim on the pretext of marriage, beginning when she was about 16, and later refused to marry her; the FIR was lodged on 2 June 2026, when she was about 23
Source reference: para. 2The applicant relied on the delay in reporting, the victim’s statements describing a relationship, the filing of the charge-sheet, his lack of criminal antecedents, and his custody since 16 July 2026
Source reference: para. 3The State opposed bail, and the victim objected to release during a video-conference appearance before the Court
Source reference: paras. 4–5Issues
1. Whether the applicant should be granted regular bail having regard to the nature of the allegations, the victim’s objection, and the other circumstances of the case
Source reference: paras. 6–72. Whether bail should be subject to conditions to protect the fairness and progress of the trial
Source reference: para. 8Law Applied
The application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides the Court’s jurisdiction to consider regular bail
Source reference: para. 1The Court applied no cited precedent or separately articulated legal test; it considered the case-specific circumstances, including the nature of the allegations, the victim’s objection, the delay in lodging the FIR, the applicant’s custody, the filing of the charge-sheet, and his lack of criminal antecedents
Source reference: para. 7Bail was made subject to conditions directed at preventing interference with witnesses and ensuring the applicant’s attendance at trial
Source reference: para. 8Reasoning
The Court acknowledged the seriousness of the allegations and the victim’s objection, but weighed these against the approximately seven-year delay in reporting, the victim’s age at the time of the FIR, the submissions concerning her statements about the relationship, completion of the investigation through filing of the charge-sheet, the applicant’s lack of antecedents, and his period in custody
Source reference: paras. 4–7On the totality of those circumstances, and without expressing an opinion on the merits, it found bail appropriate
Source reference: para. 7Holding
The Court allowed the bail application
It directed that the applicant be released on executing a personal bond of ₹50,000 with one surety for the like amount, subject to conditions against threatening or influencing persons acquainted with the case, prejudicing a fair and expeditious trial, and requiring attendance on every date fixed by the trial Court until disposal
Source reference: para. 8Acts & Sections Cited
6 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20233
Bharatiya Nyaya Sanhita, 20231
Original Court PDF
SACHIDANAND SARTHIvsTHE STATE OF CHHATTISGARH
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