Chhattisgarh HC Grants Bail To Man Accused Of Molesting Minor After Victim Does Not Support Prosecution

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered for offences under Sections 296, 126(2) and 75(1)(i) of the Bharatiya Nyaya Sanhita, 2023, Section 12 of the POCSO Act, and Section 3(1)(b)(i) of the SC/ST (Prevention of Atrocities) Act.

The prosecution alleged that the applicant, while intoxicated, verbally abused and molested the minor victim at a market on 14 March 2026.

The applicant asserted false implication due to prior enmity, noted that the victim had not supported the prosecution at trial, and relied on his period of custody since 20 March 2026; he also stated that his prior criminal cases had resulted in acquittals or disposal.

The State opposed bail.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the statutory basis for the High Court to consider an application for regular bail.

The Court assessed the circumstances relevant to bail, including the evidence recorded at trial, the applicant’s criminal antecedents, the period of custody, and the likely time required to conclude the trial.

No precedent was cited.

The Court noted that the victim had appeared by video conference and stated that she had no objection to bail; in her trial testimony, she had not supported the prosecution and had denied the prosecutor’s suggestions.

It also considered that the applicant’s four antecedents were not of a similar nature and had either resulted in acquittal or been disposed of.

Given his custody since 20 March 2026 and the likelihood that trial would take further time, the Court concluded that bail was warranted.

The Court clarified that its observations were confined to the bail application and would not affect the trial Court’s independent assessment of the case.