Prolonged custody and examination of key witnesses justified bail after the risk of evidence tampering diminished.

The applicant was in custody from 11 September 2025 in connection with Case Crime No. 341 of 2025, concerning offences under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3 and 4 of the POCSO Act, 2012.

His first bail application had been rejected on 13 May 2026 because of concerns that he might influence witnesses or tamper with evidence.

In this second application, he relied on the examination of four of the nine prosecution witnesses, including the star witnesses, the filing of the charge sheet, and his period of incarceration.

The State submitted that the victim supported the prosecution in her statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and that an FSL report concerning images allegedly uploaded to social media was awaited.

1. Whether the applicant should be granted bail in the second application, considering the progress of the trial, his period of custody, and the risk of interference with witnesses or evidence.

2. Whether bail should be refused pending the FSL report concerning the images and in light of the victim’s statement supporting the prosecution.

The alleged offences were under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3 and 4 of the POCSO Act, 2012.

The Court applied the general discretionary principles governing bail, considering the applicant’s period of incarceration, the stage and progress of the trial, and the likelihood of interference with witnesses or evidence.

No precedent was cited.

The Court considered that the applicant had been in custody for more than a year, that the charge sheet had been filed and the trial had commenced, and that most of the star witnesses had been examined.

On that basis, it found no likelihood that release on bail would enable the applicant to tamper with evidence.

It granted bail notwithstanding the State’s submissions regarding the victim’s statement and the pending FSL report.

The applicant was ordered to be released on a personal bond and two reliable sureties of like amount, subject to conditions that he attend every trial date without seeking unnecessary adjournments, threaten neither the victim nor her family members, and make no attempt to tamper with evidence.