Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered for offences under the Bharatiya Nyaya Sanhita, 2023, and Sections 4, 5(L) and 6 of the POCSO Act.
Source reference: para. 1The prosecution alleged that the main accused abducted the 17-year-old victim on a false promise of marriage and sexually assaulted her; the allegation against the applicant was that he acted as a mediator between the main accused and the victim’s father.
Source reference: para. 2The applicant relied on the absence of prior criminal antecedents, filing of the charge-sheet, his custody since 12 May 2026, and the likely duration of the trial.
Source reference: para. 3The victim’s father objected to bail.
Source reference: para. 5Issues
Whether the applicant should be granted regular bail under Section 483 of the BNSS, having regard to the nature of the allegations and the material against him.
Source reference: paras. 1–2, 7Whether the applicant’s custody, criminal antecedents, and the filing of the charge-sheet supported release on bail despite the victim’s father’s objection.
Source reference: paras. 3, 5, 7Law Applied
The application was considered under Section 483 of the BNSS, 2023, which provides the relevant basis for the High Court’s consideration of regular bail.
Source reference: para. 1The Court assessed the applicant’s alleged role and the material against him, his criminal antecedents, the filing of the charge-sheet, and the period spent in custody.
Source reference: para. 7Reasoning
The Court distinguished the applicant’s alleged role from the main accused’s alleged sexual assault: the applicant was alleged only to have acted as a mediator, and the Court found no material on record against him.
Source reference: paras. 2, 7It also took into account that he had no previous criminal history, the charge-sheet had been filed, and he had been in custody since 12 May 2026.
Source reference: para. 7On those considerations, the Court found the case fit for regular bail, notwithstanding the victim’s father’s objection.
Source reference: paras. 5, 7Holding
The Court allowed the bail application.
It directed the applicant’s release upon furnishing a personal bond of ₹50,000 with one surety in the like amount, subject to conditions against influencing persons acquainted with the facts, prejudicing a fair and expeditious trial, and failure to attend each trial-court date.
Source reference: para. 8The Court clarified that its observations were limited to the bail application and would not affect the trial court’s decision on the merits.
Source reference: para. 9Acts & Sections Cited
12 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20238
Original Court PDF
DINESH VISHWASvsSTATE OF CHHATTISGARH
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