Man In POCSO Case Gets Bail After Chhattisgarh HC Cites 1.5-Year Consensual Relationship, FIR Delay

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Section 64 of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution alleged that the applicant had sexual relations with the prosecutrix from 15 August 2024 on a promise of marriage, and sexually assaulted her again on 28 March 2026, after she had married another person on 25 March 2026.

The applicant submitted that the prosecutrix was 17 years and 2 months old at the time of the alleged incident, that the relationship was consensual and the FIR delayed, and that the charge-sheet had been filed; he had been in custody since 10 May 2026.

The prosecutrix and her mother appeared and opposed bail, as did the State.

Section 483 of the BNSS empowers the Court to consider and grant regular bail.

The alleged offences were under Section 64 of the BNS and Sections 4 and 6 of the POCSO Act.

In exercising its bail discretion, the Court considered the circumstances identified in its order, including the nature and duration of the alleged relationship, delay in lodging the FIR, criminal antecedents, custody, filing of the charge-sheet and likely time to conclude trial.

The Court cited no precedent.

The Court found that the alleged relationship had continued for about one and a half years and described it as consensual; it also noted the delay in lodging the FIR, the applicant’s lack of criminal antecedents, his custody since 10 May 2026, and that the charge-sheet had been filed while trial was likely to take time.

On those considerations, the Court concluded that the applicant should be released on bail, notwithstanding the State’s opposition and the objections raised by the prosecutrix and her mother.

The Court directed the applicant’s release on a personal bond of ₹50,000 with one surety in the like amount, subject to conditions concerning adjournments, attendance, and appearance at specified stages of trial.

The order also specified consequences for non-compliance, including proceedings under the statutory provisions cited in the bail conditions.