Despite Father’s Objection, Chhattisgarh HC Grants Bail To Man Accused Of Molesting Minor After Charge-Sheet Filing

In brief

The question

Whether the applicant should be granted regular bail, having regard to the allegations, the victim’s age, and the circumstances of the case.

The court held

The Court allowed the bail application.

It also directed

It directed the applicant’s release upon furnishing a personal bond of ₹50,000 with one surety in the like sum, subject to conditions prohibiting interference with witnesses or the fair and expeditious trial and requiring attendance on every date before the trial Court.

The trial Court was directed to decide the case on its own merits.

01Facts

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 502/2026, registered at Police Station Sakri for alleged offences under Section 74 of the Bharatiya Nyaya Sanhita, 2023, and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

¶ 1

The prosecution alleged that on 29 May 2026 the applicant held and pulled the 13-year-11-month-old victim’s hand and molested her; the victim’s father reported the incident on 1 June 2026.

¶ 2, 4

The applicant asserted false implication arising from a dispute, no criminal antecedents, completion of the investigation and filing of the charge-sheet, and custody since 1 June 2026.

¶ 3, 5

The victim’s father objected to bail.

¶ 5

02Issues

i.Whether the applicant should be granted regular bail, having regard to the allegations, the victim’s age, and the circumstances of the case.

¶ 6–7

ii.Whether completion of the investigation, filing of the charge-sheet, and the applicant’s period in custody supported release on bail.

¶ 3, 7

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the procedural basis for the application for regular bail.

¶ 1

The alleged offences were under Section 74 of the Bharatiya Nyaya Sanhita, 2023, and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

¶ 1

The Court assessed bail by considering the facts and circumstances, the nature and gravity of the offence, the allegations, completion of the investigation, filing of the charge-sheet, and the applicant’s custody.

¶ 7

No precedent was cited.

Provisions in the judgment · 3 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Bharatiya Nyaya Sanhita, 2023 Section 74

Protection of Children from Sexual Offences Act, 2012 Section 8

04Reasoning

The Court considered the prosecution’s allegations and the State’s submission that the victim was a minor, as well as the complainant’s objection to bail.

¶ 2, 4–6

It nevertheless found that the investigation was complete, the charge-sheet had been filed, and the applicant had been in custody since 1 June 2026.

¶ 7

Weighing those circumstances against the nature and gravity of the offence, the Court concluded that the case was fit for bail, without expressing an opinion on the merits.

¶ 7