Completed investigation and likely trial delay justified regular bail despite serious sexual-assault allegations.

The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 64(2)(k), 75(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

The complaint alleged that, while the complainant was away, the petitioner entered a relative’s home and sexually assaulted the complainant’s 33-year-old sister, who has an intellectual disability

The petitioner was arrested and remanded to judicial custody; the investigation was completed and a charge-sheet filed

In support of bail, the petitioner relied on the negative DNA result, the absence of seminal stains in the RFSL report, and the completion of the investigation. The State opposed bail, relying on the complainant’s account and the medical finding of a ruptured hymen

The petition was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 439 of the Code of Criminal Procedure, for regular bail

The alleged offences were under Sections 64(2)(k), 75(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023

In deciding the application, the Court considered the available charge-sheet material, the petitioner’s custody, the expected duration of the trial, and his residence and willingness to comply with conditions.

The Court noted the charge-sheet material alleging that the petitioner entered the house and sexually assaulted the victim, as well as the medical finding that her hymen was ruptured.

It also considered the negative DNA result and the RFSL finding that no seminal stains were detected, while observing that the DNA report was not conclusive.

Given that the petitioner was in judicial custody, the investigation was complete, the trial could take considerable time, and the petitioner was a permanent resident willing to comply with conditions, the Court found that he was entitled to bail.

Bail was subject to conditions that he not threaten or tamper with prosecution witnesses, attend the trial court as required, and not commit similar or other offences; breach could lead the prosecution to seek cancellation of bail.