Providing shelter without evidence of inducement or sexual assault entitles co-accused to bail.

The applicant, Dayalu Kushwaha, filed a second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for offenses registered under Sections 137(2), 64(2)(m), and 87 of the BNS, 2023, and Section 5(L)/6 of the POCSO Act

The applicant has been in judicial custody since October 10, 2025

The prosecution alleged that the main accused, Sonu Kushwah, kidnapped a minor (aged 17 years and 8 months) and stayed at the applicant's residence for three days

The applicant sought bail on the grounds that he was merely a relative of the main accused, no allegations of sexual assault or inducement were made against him, and the main accused had already been granted bail

1. Whether the applicant is entitled to bail under Section 483 of the BNSS, 2023, given the nature of the allegations and the absence of prima facie evidence of inducement or assault

2. Whether the applicant is entitled to bail on the grounds of parity with the main accused who was previously released

The court primarily applied Section 483 of the BNSS, 2023, regarding the discretionary power of the High Court to grant bail

It considered the definitions of kidnapping and sexual assault under the Bharatiya Nyaya Sanhita (BNS), 2023, and the POCSO Act

The court also relied on the procedural requirements of Section 183 of the BNSS (statement of the victim) to assess the evidentiary value of the prosecution's claims

Furthermore, it applied the judicial principles of parity and the socio-economic considerations of the accused to determine the risk of recidivism or fleeing from justice

The court noted that the victim’s statement recorded under Section 183 of the BNSS did not indicate any inducement, enticement, or use of force by the applicant to make her leave her parental home

It observed that the applicant's role was limited to providing shelter for three days, and there were no allegations of sexual assault attributed to him

The court highlighted that the investigation was complete and the final report had been submitted, meaning the trial would take considerable time

Additionally, the court found merit in the plea of parity as the main accused, Sonu Kushwah, had already been granted bail

Given the applicant's age (21 years), his status as a labourer with no criminal antecedents, and his family roots, the court concluded there was no reasonable apprehension of him tampering with evidence or evading the law

The court held that prima facie evidence of the applicant's involvement in the core offenses was missing and continued incarceration was unnecessary

The release is subject to specific conditions, including regular court attendance, refraining from similar offenses, and a prohibition against influencing witnesses or tampering with evidence