Prima facie absence of inducement or force in victim’s statement justifies bail in alleged minor sexual assault.

The applicant, an 18-year-old labourer, was arrested on April 1, 2025, in connection with Crime No. 135/2025 for allegedly kidnapping and committing penetrative sexual assault on a minor victim aged approximately 14 years and 7 months.

Charges were registered under Sections 137(2), 64(1), 87, and 142 of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 3/4 of the POCSO Act.

The applicant moved this first bail application under Section 483 of the BNSS, 2023, contending that the matter involved a romantic relationship between teenagers and that the victim left her parental home voluntarily.

The investigation is complete, and the final report has been submitted.

Whether the applicant is entitled to the grant of bail under Section 483 of the BNSS, 2023, considering the nature of the allegations, the statement of the victim, and the applicant's socio-economic background.

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

Section 183 of the BNSS regarding the evidentiary value of the victim's statement.

Sections 137(2) (Kidnapping), 64(1) (Rape), 87, and 142 of the BNS, 2023, alongside Sections 3/4 of the Protection of Children from Sexual Offences (POCSO) Act.

Section 346 of the BNSS (equivalent to Section 309 CrPC) regarding the timely examination of witnesses during trial.

The Court observed that while the charges are grave, the victim’s statement recorded under Section 183 of the BNSS prima facie lacked elements of inducement, enticement, or compulsion, suggesting she left her home voluntarily to accompany the applicant.

Justice Kalgaonkar noted that the applicant is a young adult (18 years) with no prior criminal antecedents and limited financial means, which reduces the likelihood of recidivism or his ability to influence witnesses.

Since the investigation is concluded and the trial is expected to take time, the court found no compelling reason for continued incarceration.

The court emphasized that the veracity of the prosecution's claims and the victim's exact age are matters to be determined during the trial.

The holding is contingent upon several conditions: the applicant must attend all hearing dates, refrain from committing similar offences, and must not induce or threaten witnesses.

The Court clarified that these observations are limited to the bail application and shall not impact the merits of the trial.