Chhattisgarh HC Grants Bail To POCSO Accused, Noting 17-Year-Old’s Statement That She Went With Him To Punjab And Married Him

In brief

The question

Whether the applicant should be granted regular bail in light of the victim’s age, the nature of the allegations, and the circumstances of the case.

The court held

The Court allowed the bail application.

It also directed

It directed that the applicant be released on executing a personal bond of ₹50,000 with one surety for the like amount, subject to conditions prohibiting interference with witnesses or the fair trial and requiring his appearance on every date fixed by the trial court.

01Facts

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 137(2) and 64 of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the POCSO Act.

¶ 1

The prosecution alleged that the victim, aged approximately 17 years and three months, went missing on 25 January 2026 and was later recovered in Punjab, where she stated that she had accompanied the applicant, married him in a temple, and lived with him as his wife.

¶ 2

The applicant relied on the victim’s alleged voluntary participation, her examination before the trial court, the filing of the charge-sheet, his custody since 2 May 2026, and the likely delay in concluding the trial.

¶ 3

The State and the objector opposed bail, emphasizing the victim’s minority and the seriousness of the allegations.

¶ 4–6

02Issues

i.Whether the applicant should be granted regular bail in light of the victim’s age, the nature of the allegations, and the circumstances of the case.

¶ 8

ii.Whether bail should be granted subject to conditions intended to protect the fairness and progress of the trial.

¶ 9

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to consider an application for regular bail.

¶ 1

The alleged offences were under Sections 137(2) and 64 of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the POCSO Act.

¶ 1

In exercising its bail discretion, the Court considered the nature and gravity of the alleged offences, the victim’s age and statement, the procedural stage of the case, the applicant’s period in custody, and the anticipated time for trial.

¶ 8

The order cites no judicial precedents.

¶ 1–9

Provisions in the judgment · 6 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483 Section 183

Bharatiya Nyaya Sanhita, 2023 Section 137 Section 64

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

04Reasoning

The Court acknowledged the victim’s minority and the seriousness of the allegations, but considered her statement that she had accompanied the applicant to Punjab and lived with him after a temple marriage.

¶ 2, 8

It also took account of the fact that the victim had been examined before the trial court, the charge-sheet had been filed, the applicant had been in custody since 2 May 2026, and the trial was likely to take time.

¶ 8

On the totality of those circumstances, and without expressing any view on the merits, the Court found bail appropriate.

¶ 8