Chhattisgarh HC Grants Bail To Man Accused Of Sexual Assault, Noting Two-Day FIR Delay And Charge-Sheet Filing

The appellant sought regular bail under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in a case registered under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023, and Section 3(2)(v) of the SC/ST Act

The prosecution alleged that on 26 January 2026 the appellant sexually assaulted the victim after offering her a ride; she lodged the FIR on 28 January 2026

The appellant relied on the two-day delay in reporting, the absence of external injuries, and the filing of the charge-sheet; he had been in custody since 24 February 2026

The State opposed bail, and the victim objected to the appellant’s release

After hearing the parties and examining the case diary, the Court considered the bail application

The application was brought under Section 14-A(2) of the SC/ST Act, and the charges were under Section 64(1) of the BNS and Section 3(2)(v) of the SC/ST Act

The Court applied its discretion to grant bail by considering the nature and gravity of the alleged offences alongside the case-specific circumstances, including the reporting delay, the medical examination report, completion of the investigation and the appellant’s period in custody

The Court weighed the seriousness of the allegations and the State’s opposition against the circumstances raised in support of bail: the FIR was lodged two days after the alleged incident; the defence asserted that the appellant and victim had been seen together before the report was made; the medical report was considered; the charge-sheet had been filed; and the appellant had remained in custody since 24 February 2026

Without expressing any view on the merits, the Court concluded that these circumstances justified release on bail despite the victim’s objection

It directed the appellant’s release on a personal bond of ₹50,000 with one surety for the like sum, subject to conditions prohibiting interference with witnesses or the fairness of the trial and requiring attendance on every date fixed by the trial court until disposal of the case.