Chhattisgarh HC Grants Bail in POCSO Case as Victim Admits Marriage And Child With Accused

The Chhattisgarh High Court has paved the way for the release of a man accused of abduction and sexual exploitation, prioritizing the subsequent solemnization of marriage and the birth of a child as grounds for regular bail. The Court recognized the victim's autonomy and the changed domestic circumstances as critical factors in exercising judicial discretion under the new criminal laws.

Justice Rakesh Mohan Pandey heard the application for regular bail filed by the applicant who was entangled in charges involving the abduction and sexual exploitation of a minor. The applicant sought relief under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, following his arrest in connection with allegations under the Bharatiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012.

Key Takeaways

Matrimonial Reality Overrides Prosecution Narrative

Where the accused and the victim have since married and have a child, the Court may view the incarceration as detrimental to the family unit.

Hostile Witnesses Dilute Prosecution Case

Evidence from the victim and her mother not supporting the prosecution during the trial significantly weakens the necessity for continued detention.

Victim Autonomy Recognized

Statements made by a victim (who has attained majority) expressing free will to reside with the accused serve as a powerful catalyst for granting bail.

Co-Accused Acquittal Impact

The prior acquittal of family members (like the mother of the accused) in the same transaction provides a persuasive ground for parity or relief for the primary accused.

Marriage and Consent in POCSO Case

The Chhattisgarh High Court took note of the significant development that the victim, who was approximately 17 years and 7 months old at the time of the alleged incident, had now attained majority and appeared personally to support the applicant. The Bench observed that the victim and the applicant were in a love relationship and had since formalized their bond through marriage.

The Chhattisgarh High Court noted that “Having considered the facts and circumstances of the case, nature of the allegations, the fact that the victim and her mother have been examined before the learned trial Court and have not supported the prosecution case, the statement made by the victim before this Court expressing her consent to the grant of bail, the fact that the applicant and the victim have solemnized marriage and have a child born out of their wedlock, the fact that the charge-sheet has been filed, the period of incarceration of the applicant since 20.07.2026 and the fact that the applicant has no criminal antecedents, thus without further commenting upon the merits of the case, I am inclined to enlarge the applicant on bail.”

Ratio

In cases involving allegations of sexual offences where the victim later marries the accused and bears a child, and subsequently denies the prosecution's version in court while expressing a desire to live with the accused, the court may exercise its discretionary power to grant bail to preserve the matrimonial home and the welfare of the child, provided there are no criminal antecedents and the investigation is complete.

Background

The dispute originated from an FIR lodged on 15.12.2025 by the victim's mother, alleging that in September 2025, the applicant had abducted her minor daughter and committed sexual intercourse under the pretext of marriage. Consequently, charges were framed under Sections 137(2), 64(2)(m), 115(2), and 142 of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

While the applicant was initially absconding, his mother was tried and subsequently acquitted in Special Case (POCSO Act) No. 1/2026. The applicant's counsel argued that the victim and the applicant were in a love relationship and had a child, and that both the victim and her mother had turned hostile before the trial court. The State opposed the bail, citing the victim's minority at the time of the offence. However, the victim appeared in person before the Chhattisgarh High Court, confirming her marriage and her voluntary residence with the applicant, leading the Court to allow the bail application.

Case Details:
Case No.: MCRC No. 7774 of 2026
Neutral Citation: 2026:CGHC:44380
Case Title: Shesh Narayan Patel v. State Of Chhattisgarh
Appearances:
For the Petitioner(s): Mr. D.N. Prajapati, Advocate.
For the Respondent(s): Ms. Priya Sharma, Panel Lawyer

Source: 2026 CaseBase(CTH) 19901