Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 137(2), 64(2)(m) and 87 of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the POCSO Act, 2012.
Source reference: para. 1–2The prosecution alleged that the victim, then aged 15 years and 9 months, went missing on 31 October 2025 and was later recovered from the applicant’s possession; the offences were added on the basis of her statement and age.
Source reference: para. 1–2The applicant had been in custody since 10 June 2026, and the charge-sheet had been filed. He submitted that the victim had not supported the prosecution at trial and that they had married and had a child together.
Source reference: para. 2–3The State relied on the victim’s allegations in her statement under Section 183 BNSS.
Source reference: para. 4Appearing by video conference, the victim expressed consent to the applicant’s release on bail.
Source reference: para. 5Issues
Whether the applicant should be granted regular bail in light of the circumstances of the case, including the victim’s trial testimony, the applicant’s custody, and filing of the charge-sheet.
Source reference: paras. 3–7Whether bail should be granted subject to conditions securing a fair and expeditious trial.
Source reference: para. 8Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the application for regular bail.
Source reference: para. 1The Court considered the circumstances relevant to bail, including the stage of the proceedings, the period of custody, the filing of the charge-sheet, the victim’s evidence and expressed position, and the need to protect the fairness of the trial.
Source reference: paras. 3–8Reasoning
Without expressing any view on the merits, the Court found that bail was justified because the victim had been examined at trial and had not supported the prosecution, the applicant and victim had married and had a child, and the victim had expressed consent to bail.
Source reference: para. 7The Court also considered that the applicant had been in custody since 10 June 2026 and that the charge-sheet had been filed.
Source reference: paras. 2, 7It imposed conditions against influencing witnesses or prejudicing the trial, and required the applicant to attend each hearing.
Source reference: para. 8Holding
The Court allowed the bail application and directed that the applicant be released on a personal bond of ₹50,000 with one surety for the like sum, to the satisfaction of the trial Court.
Bail was subject to conditions prohibiting inducements, threats or promises to persons acquainted with the case; prohibiting conduct prejudicial to a fair and expeditious trial; and requiring attendance at every hearing until disposal of the trial.
Source reference: para. 8Acts & Sections Cited
7 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20232
Bharatiya Nyaya Sanhita, 20233
Original Court PDF
BIRBAL DHRUWvsSTATE OF CHHATTISGARH
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