Minor’s Trial Testimony And Objection To Release Lead Chhattisgarh HC To Deny Bail To POCSO Accused

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case registered under Sections 137(2), 64(2)(m) and 96 of the Bharatiya Nyaya Sanhita, 2023, and Sections 5(L) and 6 of the POCSO Act.

The prosecution alleged that the applicant enticed the victim, a Class XII hostel student, took her to a room at the PWD Rest House and sexually assaulted her.

The applicant had been in custody since 6 September 2025.

At the time of the application, 12 of 24 prosecution witnesses had been examined, including the victim and her mother.

The applicant relied on alleged contradictions in the evidence and a dispute concerning the victim’s age; the State relied on the victim’s trial testimony and submitted that she was below 18 at the time of the incident.

The victim and her mother appeared by video conference and opposed bail.

Section 483 of the BNSS governs the High Court’s power to grant regular bail.

In considering bail, the Court took account of the facts and circumstances of the case, the nature and gravity of the allegations, the victim’s trial testimony and her age.

The Court stated that the credibility and reliability of a witness’s testimony cannot be finally adjudicated at the bail stage; challenges to the evidence are matters for proper appreciation during trial.

The offences charged included Sections 137(2), 64(2)(m) and 96 of the BNS and Sections 5(L) and 6 of the POCSO Act.

The Court considered that the victim had supported the prosecution case in her trial deposition and specifically attributed the alleged sexual assault to the applicant.

It also noted that she was below 18 on the date of the incident and had opposed the applicant’s release.

The applicant’s arguments concerning voluntary accompaniment, inconsistencies in the evidence and the victim’s age were not resolved at the bail stage, as they required assessment during trial.

Considering these factors alongside the gravity of the allegations, the Court declined to grant bail.