Victim’s consistent testimony establishes prima facie case for bail rejection despite negative forensic report.

The applicant, a 62-year-old man, was arrested on December 1, 2025, following a complaint by a minor victim alleging that on November 29, 2025, the applicant lured her into his shop under the pretext of providing medicine

The victim alleged the applicant gave her sweets that made her feel unconscious, after which he committed rape and threatened to kill her if she disclosed the incident

The applicant sought regular bail, arguing that the case was fabricated due to family rivalry, that FSL reports for the undergarments and swabs were negative, and that cyber reports indicated the victim was in the shop for less than two minutes, making the commission of the offense improbable

The State and the victim (via video conferencing) opposed the bail, citing the gravity of the offense and the victim's consistent court testimony

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the allegations and the evidence on record.

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the power of the High Court to grant bail

The substantive charges were governed by Sections 64(2) (Punishment for rape) and 351(3) (Criminal intimidation) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act (Penetrative sexual assault)

The court also considered the evidentiary value of statements recorded under Section 183 of the BNSS (corresponding to Section 164 CrPC)

The Court evaluated the application by weighing the gravity of the offense against the applicant's defense.

While the applicant highlighted negative FSL results and a short duration of contact as per cyber reports, the Court emphasized the "nature and gravity of the offence" and the "material available in the case diary"

Specifically, the Court relied on the victim's statement recorded under Section 183 of the BNSS and her subsequent Court statement, which reiterated the allegations and had not been rebutted in cross-examination

The Court determined that a prima facie case of rape and sexual assault was established against the applicant

Despite the applicant’s age and the filing of the charge sheet, the Court found the severity of the crime against a minor woman outweighed the grounds for release at this stage

The Court granted the applicant liberty to revive the bail application after the examination of material witnesses

The trial court was directed to decide the case on its own merits without being influenced by the observations made in this bail order