Chhattisgarh HC Grants Bail To Man Accused Of Sexually Assaulting Minor After Victim And Father Turn Hostile At Trial

In brief

The question

Whether the applicant should be granted regular bail in light of the circumstances of the case, including the evidence given by the victim and her father at trial and the period of custody

The court held

The Court allowed the application

It also directed

directed the applicant’s release on a personal bond of ₹50,000 with one surety for the like sum, subject to conditions concerning adjournments, attendance at trial, appearance at specified stages, and consequences for non-appearance or misuse of bail

01Facts

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in a case alleging offences under Sections 137(2), 87 and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO)

¶ 1

The prosecution alleged that he sexually assaulted the victim, who was stated to be 15 years and 4 months old, on the pretext of marriage

¶ 2

The victim and her mother appeared by video conference and consented to the applicant’s release on bail.

¶ 3

The applicant submitted that the victim was over 18 on the date of the alleged incident and that she and her father, having been examined at trial, did not support the prosecution. The applicant had been in custody since 13 June 2026.

¶ 4

02Issues

i.Whether the applicant should be granted regular bail in light of the circumstances of the case, including the evidence given by the victim and her father at trial and the period of custody

¶ 4–7

03Law Applied

Section 483 of the BNSS empowers the High Court or Court of Session to grant bail. In exercising that power, the Court considered the circumstances of the case, the evidence already recorded, the applicant’s period in custody, and the likely time required to conclude the trial.

¶ 1, 7

The bail order imposed conditions requiring attendance, discouraging adjournments when witnesses are present, and addressing non-appearance or misuse of bail, with references to Sections 269 and 209 of the BNS and Section 84 of the BNSS.

¶ 8

Provisions in the judgment · 10 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483 Section 84 Section 351

Bharatiya Nyaya Sanhita, 2023 Section 137 Section 87 Section 64 Section 269 Section 209

Protection of Children from Sexual Offences Act, 2012 Section 4 Section 6

04Reasoning

The Court considered the seriousness of the allegations and the State’s opposition, but found that the victim and her father had already been examined and had not supported the prosecution; the victim had also denied the Public Prosecutor’s suggestions.

¶ 5, 7

Taking those circumstances together with the applicant’s custody since 13 June 2026 and the likelihood that trial would take further time, the Court concluded that bail was warranted.

¶ 7