Chhattisgarh HC Grants Bail In POCSO Case After Minor Victim And Mother Fail To Support Prosecution At Trial

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after being arrested in Crime No. 215/2026 for offences under Sections 137(2), 87 and 65(1) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the POCSO Act.

The prosecution alleged that the applicant sexually assaulted the minor victim and later continued a physical relationship with her, resulting in pregnancy.

The applicant submitted that the victim and her mother had been examined at trial and did not support the prosecution; he had been in custody since 21 May 2026, and trial was likely to take time.

The State opposed bail on the basis of the seriousness of the allegations.

The victim’s mother also expressed no objection to bail.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to grant bail. In exercising that discretion, the Court considered the nature and gravity of the alleged offences, the trial evidence recorded to date, the period of custody, and the likely time required to conclude the trial.

The offences alleged were under Sections 137(2), 87 and 65(1) of the BNS and Sections 4 and 6 of the POCSO Act.

The Court acknowledged the seriousness of the allegations involving sexual assault of a minor and pregnancy, but balanced that consideration against the fact that the victim and her mother had already testified and did not support the prosecution; the victim denied the allegations.

It also considered the mother’s no-objection, the applicant’s custody since 21 May 2026, and the likelihood of delay before trial concludes.

On those circumstances, without expressing any view on the merits, the Court found that the applicant deserved bail.

The applicant was ordered to be released on executing a personal bond of ₹50,000 with one surety for the like sum, to the satisfaction of the trial Court.

He must not induce, threaten or promise any person acquainted with the case facts; must not prejudice a fair and expeditious trial; and must attend every trial-court date until disposal of the case.