Bail granted where the victim’s statement did not implicate the accused and medical corroboration was absent.

The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case alleging that he kidnapped the minor victim, tied a thaali to her, and committed penetrative and aggravated sexual assault. The alleged offences were under Sections 137(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 6 of the POCSO Act, 2012, and Section 9 of the Prohibition of Child Marriage Act, 2006

The petitioner asserted that the relationship was consensual and that the complaint was false; the State and victim’s counsel opposed bail, citing the seriousness of the allegations and the risk of witness interference

The victim was a minor at the time of the alleged incident; the investigation was complete and the charge sheet had been filed

1. Whether the petitioner should be granted regular bail under Section 483 of the BNSS, having regard to the record, the nature of the allegations, and the relevant bail considerations

2. Whether conditions could adequately address concerns about witness tampering and the petitioner’s future conduct if bail were granted

Section 483 of the BNSS, 2023, provides the High Court with power to grant bail. In exercising that power, the Court considered the nature and gravity of the alleged offences, the petitioner’s position in relation to the victim and witnesses, and the likelihood of absconding or repeating an offence

The alleged offences arose under Sections 137(2) and 64(2)(m) of the BNS, Sections 4 and 6 of the POCSO Act, and Section 9 of the Prohibition of Child Marriage Act

The order cited no judicial precedent or further statutory test

The Court treated the victim’s statement under Section 164 of the CrPC, corresponding to Section 183 of the BNSS, as not implicating the petitioner in the alleged penetrative and aggravated sexual assault.

It also noted the absence of medical records supporting the complainant’s account, the victim’s statement that she had not undergone a medical examination, and the completion of the investigation and filing of the charge sheet

Weighing these circumstances against the nature and gravity of the allegations and the risks relevant to bail, the Court concluded that bail was appropriate, subject to conditions addressing interference with witnesses and future offending

The Court stated that breach of the conditions could be grounds for seeking cancellation of bail