Chhattisgarh HC Denies Bail To Man Accused Of Sexually Assaulting 14-Year-Old, Citing Her Testimony And Objection

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case alleging offences under the Bharatiya Nyaya Sanhita, 2023, the POCSO Act and the SC/ST (Prevention of Atrocities) Act

The prosecution alleged that the victim, aged about 14 years and 5 months, left home on 3 April 2026, was taken by the applicant to his maternal uncle’s house, and was sexually assaulted there

The applicant argued that the victim had accompanied him voluntarily, challenged the reliability of the school-record evidence of her age, and relied on the absence of injuries, completion of the investigation and filing of the charge-sheet

The State opposed bail, relying on the victim’s school records and her testimony supporting the prosecution case

The victim and her father appeared before the Court and objected to bail

The application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which the Court applied as the statutory basis for considering regular bail

The alleged offences were under Sections 137(2), 87, 64(1)(2)(j), 45 and 249 of the Bharatiya Nyaya Sanhita, 2023; Sections 4, 6 and 17 of the POCSO Act; and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989

The Court cited no precedents and did not articulate a separate legal test; it assessed the bail request by reference to the nature and gravity of the allegations and the material on record

The Court considered the allegation that the applicant took the minor victim to his maternal uncle’s house and sexually assaulted her, the school-record indication that she was about 14 years and 5 months old, and her testimony before the trial court supporting the prosecution case

It also took into account the victim’s and her father’s objection to bail

On those circumstances, the Court concluded that the case was not fit for release on bail; it did not separately resolve the applicant’s challenges to the age evidence or the medical findings

The High Court rejected the applicant’s regular-bail application in Crime No. 66/2026, registered at Sargaon Police Station, Mungeli District, for the offences specified in the order