01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 75(1), 76 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and Sections 8 and 18 of the POCSO Act.
¶ 1The prosecution alleged that the applicant sexually harassed a 16-year-and-2-month-old victim, used criminal force with intent to disrobe her, and had made two or three attempts to sexually harass her.
¶ 2The applicant had been in custody since 17 May 2026; the investigation was complete, the charge-sheet had been filed, and the victim had been examined before the trial court.
¶ 3, 7The State and the victim’s father opposed bail.
¶ 4–502Issues
i.1. Whether the applicant should be released on regular bail under Section 483 of the BNSS, 2023, in view of the allegations and the circumstances of the case.
¶ 1–7ii.2. If bail is granted, what conditions should govern the applicant’s release.
¶ 803Law Applied
The application was considered under Section 483 of the BNSS, 2023, which provides the High Court with power to grant bail.
¶ 1The Court also noted the offences charged under Sections 75(1), 76 and 351(3) of the BNS and Sections 8 and 18 of the POCSO Act.
¶ 1No precedent or further legal test was cited; the Court assessed the application by reference to the circumstances identified in its order, including completion of the investigation, the victim’s examination, the filing of the charge-sheet, the applicant’s custody and antecedents.
¶ 7Provisions in the judgment · 6 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Bharatiya Nyaya Sanhita, 2023 Section 75Section 76Section 351
Protection of Children from Sexual Offences Act, 2012 Section 8Section 18
04Reasoning
The Court acknowledged the serious allegations, the victim’s age, the State’s opposition and the victim’s father’s objection.
¶ 2, 4–5It nevertheless found that the investigation was complete, the charge-sheet had been filed, and the victim had already been examined, reducing the risk of evidence tampering; it also considered that the applicant had no criminal antecedents and had been in custody since 17 May 2026.
¶ 7On those circumstances, without expressing any opinion on the merits, the Court found the case suitable for regular bail.
¶ 705Holding
The Court allowed the bail application and directed the applicant’s release upon executing a personal bond of ₹50,000 with one surety in the like amount, to the satisfaction of the trial court.
¶ 8Bail was subject to conditions prohibiting inducement, threat or promise to persons acquainted with the case, requiring conduct consistent with a fair and expeditious trial, and requiring attendance at every trial-court date until disposal of the trial.
¶ 8The Court clarified that its observations were confined to the bail application and that the trial court must decide the case on its own merits.
¶ 9Original Court PDF
HIMANSHU SHARMAvsSTATE OF CHHATTISGARH
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