Hostile testimony of material witnesses and disputed victim minority justify grant of bail under POCSO.

The applicant, Santosh Damor, was accused of kidnapping and committing penetrative sexual assault on a victim allegedly aged 17 years and 10 months

Crime No. 270/2025 was registered for offences under the BNS, 2023 and the POCSO Act, 2012

The applicant has been in judicial custody since September 27, 2025

During the trial, the victim (PW-1), her father (PW-2), and her mother (PW-3) were examined; however, they did not support the prosecution's allegations and stated that the victim was an adult at the time of the incident

The applicant filed this first bail application under Section 483 of the BNSS, 2023

Whether the applicant is entitled to the grant of bail under Section 483 of the BNSS, 2023, in light of the hostile testimony of material prosecution witnesses and the applicant's clean criminal record

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail

Sections 137(2) (kidnapping), 87 (assault/criminal force), and 64(2)(m) (punishment for rape) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 5(L)/6 of the POCSO Act, 2012

The principle that bail may be granted when there is a lack of criminal antecedents, no likelihood of tampering with evidence (especially when material witnesses are already examined), and when prolonged incarceration would cause undue hardship to a young accused

The court evaluated the merits of the bail plea by noting that the core prosecution witnesses—the victim and her parents—turned hostile and failed to support the accusation

The court found that the determination of the victim's age during the investigation was rendered doubtful by the parents' testimony asserting she was a major

It observed that since the material witnesses had already been examined, the risk of the applicant tampering with evidence was significantly reduced

The court considered the applicant’s socio-economic profile as a 20-year-old labourer with no prior criminal history and family roots, which mitigated the risk of him fleeing from justice

The court concluded that since the trial would take a considerable amount of time, there was no compelling reason to continue the applicant's incarceration

It held that the prima facie merits of the applicant's contentions justified his release during the trial

The court directed his release upon furnishing a personal bond of Rs. 25,000/- with one solvent surety of the same amount

The bail is subject to conditions including mandatory attendance at hearings, prohibition from committing further offences, and a strict injunction against tampering with evidence or threatening witnesses