Material contradictions in the minor victim’s statements and prolonged custody warranted bail in the POCSO case.

The prosecution alleged that the petitioner abducted the victim, who was then approximately 16 years and 5 months old, took her to Kollur and married her, and thereafter subjected her to sexual assault and confinement

The petitioner was arrested and remanded to judicial custody; after the investigation was completed and a charge-sheet filed, he sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023

The case was registered under Sections 137(2), 87, 64(2)(m) and 127(4) of the Bharatiya Nyaya Sanhita, 2023; Sections 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012; and Section 9 of the Prohibition of Child Marriage Act, 2006

1. Whether the petitioner should be enlarged on bail in light of the victim’s age, the allegations, and the material collected during investigation

2. Whether the petitioner’s custody, completion of investigation, and the anticipated duration of trial justified release subject to conditions

The petitioner invoked Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 439 of the Code of Criminal Procedure, as the provision for seeking bail from the High Court

The alleged offences arose under the Bharatiya Nyaya Sanhita, 2023, the Protection of Children from Sexual Offences Act, 2012, and the Prohibition of Child Marriage Act, 2006

The Court applied its discretion to grant bail subject to conditions addressing attendance at trial, interference with prosecution witnesses, and further offending

No precedent was cited.

The Court noted that the victim was a minor and that the medical record recorded the absence of the hymen

It also considered the asserted contradictions between the victim’s statements, the Court’s observation that her statement under Section 183 of the BNSS did not allege repeated aggravated penetrative sexual assault by the petitioner, and the petitioner’s six months in custody

With the investigation complete, the charge-sheet filed, and trial likely to take time, the Court found that bail could be granted subject to stringent conditions

He must not threaten or tamper with prosecution witnesses, attend the trial court as required, and refrain from similar or other offences; breach of any condition may lead the prosecution to seek cancellation of bail