Completion of investigation and lack of criminal history warrant regular bail in POCSO and BNS cases.

The applicant, a 20-year-old driver and agriculturist, filed a first application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

He was arrested on December 9, 2025, in connection with Crime No. 428/2025 for allegedly assisting three other accused in kidnapping a minor victim.

The prosecution alleged the applicant used his vehicle to transport the victim to Jamnagar and Hambatiya, where she was left with a "child in conflict-with-law" who subsequently committed sexual assault.

The applicant had been in judicial custody for over three months, and the final report (charge sheet) had already been filed following the completion of the investigation.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering his role as a facilitator, his lack of criminal antecedents, and the completion of the investigation.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

Sections 137(2), 87, 64(2)(m), 127, 115(2), and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, alongside Sections 5L/6 of the POCSO Act and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

Section 346 of the BNSS (corresponding to Section 309 of the CrPC) regarding the timely examination of witnesses during trial.

The court observed that the applicant’s primary involvement was the use of his vehicle to transport the victim, while the actual sexual assault was attributed to a child in conflict-with-law.

It noted that the investigation was complete and the final report filed, meaning the applicant’s continued incarceration was no longer necessary for custodial interrogation.

The court highlighted the applicant’s youth (20 years), his lack of criminal antecedents, and his stable socio-economic roots as an agriculturist, which mitigated the risk of him fleeing from justice or recidivism.

The court found no evidence that the applicant was capable of influencing witnesses or tampering with evidence.

It concluded that since the trial would take considerable time, continued incarceration would cause undue hardship without a compelling reason to deny liberty at this stage.

The Court held that the applicant be released upon furnishing a personal bond of Rs. 50,000/- with one solvent surety of the same amount.

The release was made subject to several conditions, including: (1) mandatory appearance at all trial hearings; (2) prohibition from committing similar offences; (3) prohibition from inducing or threatening witnesses; and (4) strict compliance with Section 346 of the BNSS regarding witness examination.

The Court clarified that the trial court retains the authority to cancel bail in the event of any breach of these conditions.