Bail granted in POCSO proceedings where material witnesses turn hostile and dispute the victim’s minority.

The applicant was arrested on November 26, 2025, in connection with Crime No. 286/2025 at Police Station Chapiheda, District Rajgarh, for alleged kidnapping and penetrative sexual assault of a minor under Sections 137(2), 87, 64(2)(m), 65(1), and 351(3) of the BNS, 2023, and Sections 3/4 and 5(L)/6 of the POCSO Act, 2012

This is the applicant's first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

During trial proceedings, the victim (PW-1) and her parents (PW-2 and PW-3) did not support the prosecution's accusations; the parents further testified that the victim was approximately 19 years old at the time of the incident, contradicting the investigation's claim that she was 13

1. Whether the applicant is entitled to bail under Section 483 of the BNSS, 2023, given the testimonies of material witnesses and the lack of criminal antecedents

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which outlines the High Court’s power to grant bail

Section 346 of the BNSS (formerly Section 309 of the Cr.P.C.) regarding the continuous examination of witnesses during trial

The court's decision was guided by established principles regarding judicial custody, specifically assessing the likelihood of the accused fleeing from justice or tampering with evidence

The court evaluated the merits of the application by noting that the material prosecution witnesses—the victim and her parents—had already been examined and did not support the prosecution's case

It observed that the parents' testimony regarding the victim's age (19 years) created a prima facie doubt regarding the determination of age conducted during the investigation

The court noted the applicant is a 24-year-old agriculturist with no reported criminal antecedents and deep family roots, which mitigates the risk of him fleeing or influencing remaining witnesses

Consequently, the court reasoned that while the gravity of the offence is high, the veracity of the allegations is a matter for trial, and continued incarceration without a compelling reason would cause undue hardship

The holding is subject to several conditions, including that the applicant must attend all hearings, refrain from committing similar offences, and not induce or threaten any person acquainted with the facts of the case

The order remains effective until the conclusion of the trial, provided no breach of conditions occurs