Bail granted where medical evidence and DNA report fail to substantiate allegations of forceful sexual assault.

The applicant filed a second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The victim alleged that on December 5, 2024, the applicant entered her home while she was alone, threatened her life, and forcefully committed sexual assault.

Following an FIR at Police Station Kotwali, Jabalpur, the applicant was arrested on December 7, 2024.

The first bail application (M.Cr.C. No. 14395/2025) was dismissed as withdrawn on April 29, 2025.

The applicant sought regular bail on the grounds of false implication, lack of medical evidence corroborating assault, and inconsistencies in the testimony of prosecution witnesses.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS (Sec. 439 CrPC) considering the medical evidence and the stage of trial.

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Cr.P.C.) regarding the discretionary power of the High Court to grant bail.

The charges involved Sections 333, 351(3), 232, 64, and 65(1) of the Bharatiya Nyaya Sanhita (BNS) read with Section 3/4 of the Protection of Children from Sexual Offences (POCSO) Act.

The court also applied Section 346 of the BNSS (corresponding to Section 309 of the Cr.P.C.) regarding the timely examination of witnesses during trial.

The Court observed that the medical report and DNA examination did not prima facie substantiate the allegations of forceful penetrative sexual assault or physical injury.

It noted that material witnesses, including the victim and her mother, had already been examined, reducing the risk of evidence tampering.

The Court found merit in the applicant's contention that the trial would take considerable time to conclude.

Considering the applicant's socio-economic status as a laborer with family roots and a clean past (notwithstanding one prior dispute between the same parties), the Court determined there was no substantial likelihood of recidivism or fleeing from justice.

The Court held that continued incarceration was not compelled given the medical evidence and the procedural stage of the trial.

The bail is subject to conditions including mandatory attendance at hearings, non-interference with witnesses, and compliance with Section 346 of the BNSS.