Victim And Mother Turn Hostile, Victim Says She Was 20: Chhattisgarh HC Grants Bail To POCSO Accused

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), after being arrested in Crime No. 24/2026, registered for alleged offences under Sections 65(1), 89 and 332(B) of the Bharatiya Nyaya Sanhita (BNS), and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

The prosecution alleged that he sexually assaulted the victim, said to be about 15 years old, on the pretext of marriage; the victim’s mother had lodged the FIR.

The victim and her mother appeared before the Court by video conference and consented to the applicant’s release on bail.

The applicant had been in custody since 21 March 2026.

Section 483 of the BNSS provides the basis for the High Court’s consideration of an application for regular bail.

The Court considered the case circumstances, including the evidence recorded at trial, the applicant’s period in custody, and the time likely required to conclude the trial, in deciding whether to grant bail.

The Court gave particular weight to the victim’s statement under Section 183 of the BNSS and her trial deposition, in which she stated that she was 20 years old and did not support the prosecution; it also noted that her mother had not supported the prosecution and that the victim had denied the Public Prosecutor’s suggestions.

Together with the applicant’s custody since 21 March 2026 and the likelihood that trial would take further time, these circumstances persuaded the Court to grant bail despite the State’s objection based on the alleged age of the victim.

The order requires the applicant to avoid seeking adjournments when witnesses are present, attend court as directed, appear personally on specified trial dates, and comply with the stated consequences for non-appearance or misuse of bail.