Chhattisgarh HC Grants Bail To Man Accused Of Touching Minor’s Breast After Victim Denies Allegations At Trial

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered for alleged offences under Section 74 of the Bharatiya Nyaya Sanhita, 2023, and Section 8 of the Protection of Children from Sexual Offences Act, 2012

The prosecution alleged that the applicant made inappropriate remarks to the victim, proposed marriage, caught her hand, pulled her towards him, and touched her breast

The applicant claimed that he had been in a relationship with the victim’s elder sister and that the complaint was false

The charge-sheet had been filed; the applicant had been in custody since 2 June 2026; and the victim and her father had been examined at trial, where they did not support the prosecution case and were declared hostile

The victim and her father also expressed no objection to bail before the High Court

The application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides the procedural basis for the High Court’s consideration of regular bail

The Court considered the nature and gravity of the alleged offences under Section 74 of the Bharatiya Nyaya Sanhita, 2023, and Section 8 of the POCSO Act, alongside the case-specific circumstances identified in its order

The order cites no precedent or further legal test.

In exercising its bail jurisdiction, the Court weighed the nature and gravity of the allegations against the fact that the victim and her father had testified at trial and not supported the prosecution case, with the victim denying the allegations against the applicant

It also considered that the charge-sheet had been filed, the applicant had been in custody since 2 June 2026, and both the victim and her father expressed no objection to bail

On those combined circumstances, and without commenting further on the merits, the Court found bail appropriate

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

Bail was subject to conditions prohibiting interference with persons acquainted with the case, requiring conduct that does not prejudice a fair and expeditious trial, and requiring appearance at every trial-court date until disposal of the trial