Chhattisgarh HC Grants Bail To POCSO Accused, Citing 17-Year-Old Complainant’s Hostile Trial Testimony

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in a case registered under Sections 137(2), 87 and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Sections 5(j)(ii), 5(l) and 6 of the POCSO Act.

The prosecution alleged that he sexually assaulted the victim, then aged 17 years and 8 months, on the pretext of marriage.

The applicant argued that the relationship was consensual, that the victim had turned hostile at trial, and that he had no criminal antecedents; he had been in custody since 25 December 2025.

The State opposed bail, relying on the victim’s earlier statement, her age, and DNA evidence confirming the applicant’s paternity of her child.

The victim had been examined at trial and appeared before the High Court through video conference to oppose bail.

Section 483 of the BNSS provides the basis for the High Court’s consideration of an application for regular bail.

The prosecution invoked offences under Sections 137(2), 87 and 64(2)(m) of the BNS and Sections 5(j)(ii), 5(l) and 6 of the POCSO Act; the State also relied on the POCSO Act’s definition of a “child” in Section 2(d), submitting that a person under 18 could not consent.

The Court stated no precedent or detailed bail test; it assessed the application by reference to the victim’s trial testimony, the applicant’s antecedents and custody, and the expected time to conclude the trial.

The Court considered the victim’s testimony at trial significant: she disclosed that she was 19 years old on 8 May 2026, did not support the prosecution, and denied the Public Prosecutor’s suggestions.

It also took account of the applicant’s lack of criminal antecedents, his custody since 25 December 2025, and the likelihood that the trial would take further time.

On those circumstances, the Court considered bail appropriate notwithstanding the State’s reliance on the victim’s earlier statement, her age at the time of the incident, and the DNA report.

Bail was subject to conditions concerning adjournments, attendance, and presence at specified stages of trial; the order also provided for action under the stated legal provisions in the event of non-compliance or misuse of bail.