Exonerating DNA report and inordinate FIR delay warrant grant of bail in sexual assault prosecutions.

The applicant filed his first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, following his arrest on February 10, 2026

The prosecution alleged that on December 1, 2025, the applicant took the victim, a 19-year-old married woman, to Rajgarh under the pretext of taking her to her matrimonial home and subsequently committed rape

The victim alleged she delayed reporting the incident due to threats from the applicant and fear of social disrepute

The FIR was registered on February 10, 2026, at Police Station Rajgarh for offenses under Sections 87, 64(1), 64(2)(f), 127(2), and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023

The investigation has concluded and the final report has been submitted

Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, given the nature of the allegations, the evidentiary findings, and the procedural delay in the FIR

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which empowers the High Court to grant bail

The underlying offenses involve Sections 87 (Kidnapping/Abduction), 64 (Rape), 127 (Wrongful confinement), and 351 (Criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS), 2023

The court further considered the principles governing bail for individuals with no criminal antecedents and the requirement of ensuring presence during trial under Section 346 of the BNSS (formerly Section 309 of the CrPC)

First, it noted that the DNA examination report exonerated the applicant from the accusation of sexual assault, undermining the prosecution's primary charge

Second, the court identified an "inordinate delay" in the registration of the FIR (over two months), which supported the defense's contention of potential false implication through premeditation

Third, since the investigation was complete and the final report filed, the court found no compelling reason for continued pre-trial incarceration

The court also weighed the applicant’s socio-economic profile as an agricultural laborer with no criminal history, concluding there was no significant risk of him fleeing from justice or influencing witnesses

Finally, the court took into account the complainant’s counsel's "no objection" to the grant of bail

The grant of bail is subject to conditions including regular court attendance, a prohibition against committing similar offenses, and a prohibition against tampering with evidence or threatening witnesses

The court held that the applicant’s contentions had prima facie merit and that there was no necessity for further detention during the trial