Chhattisgarh HC Grants Bail To POCSO Accused After 14-Year-Old Victim Doesn’t Support Prosecution And Consents To His Release

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 108/2026, registered for offences under Sections 137(2), 87, 64(1) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the POCSO Act

The prosecution alleged that he abducted the victim, aged about 14 years and 3 months, and sexually assaulted her on the pretext of marriage

The applicant submitted that the victim had been examined at trial and had not supported the prosecution, that the relationship was consensual, that the charge-sheet had been filed, and that he had no criminal antecedents and had been in custody since 2 April 2026

The State opposed bail, emphasising the victim’s age and the seriousness of the allegations

The victim and her mother appeared by video conference and consented to bail

The application was made under Section 483 of the BNSS, 2023, the provision invoked for the grant of regular bail

The charged offences were under Sections 137(2), 87, 64(1) and 64(2)(m) of the BNS and Sections 4 and 6 of the POCSO Act

The Court did not cite any precedent or set out a separate substantive legal test; it assessed whether the circumstances made out a fit case for bail, without expressing an opinion on the merits

The Court considered that the victim had already testified and had not supported the prosecution, and that she had consented to the applicant’s release

It also took into account that the charge-sheet had been filed, the applicant had no criminal antecedents, and he had been in custody since 2 April 2026

On those circumstances, the Court found a fit case for regular bail, without determining the merits of the allegations or treating the victim’s consent as resolving the question of her minority

Bail was subject to conditions prohibiting inducement, threat or promise to persons acquainted with the case; conduct prejudicial to a fair and expeditious trial; and requiring appearance on every date fixed by the trial Court until disposal

The observations were confined to the bail application, and the trial Court was directed to decide the case on its own merits