Prolonged Consensual Relationship Weighs In Favour Of Bail Despite POCSO Allegations: Chhattisgarh HC
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The Chhattisgarh High Court has granted regular bail to an accused facing sexual assault charges involving a minor, underscoring that a long-term consensual relationship and delayed FIR after attaining majority are pivotal factors for release. This ruling recalibrates the judicial approach towards bail in cases where allegations of sexual assault overlap with extended periods of mutual acquaintance and voluntary association.
A single-judge bench of Justice Rakesh Mohan Pandey heard the regular bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023. The applicant sought relief in connection with Crime No. 190/2026 registered for offences punishable under Section 62(2)(m) of BNS and Sections 4 and 6 of the POCSO Act.
Key Takeaways
- Consensual History as Bail Ground: The Chhattisgarh High Court highlighted that a relationship spanning over two years, even if it commenced when the victim was a minor, serves as a significant mitigating factor for bail.
- Significance of Delayed FIR: The fact that the FIR was lodged only after the victim attained the age of majority influenced the Court's decision to grant liberty pending trial.
- Procedural Completion: The filing of the charge-sheet and the absence of prior criminal antecedents were noted as reasons to ensure the applicant is not detained indefinitely.
Court Observations on Prolonged Relationship and Delay
The Chhattisgarh High Court observed that the victim and the applicant were in contact since 2023 and had a relationship that continued for nearly two years. While the prosecution opposed the bail citing the victim's minority at the time of the first alleged incident, the Chhattisgarh High Court noted the victim's subsequent conduct and the timeline of the legal action. The Bench expressed that “Having considered the fact that FIR was lodged by the victim after attaining age of majority on 14.04.2026; there was consensual relationship between them, which continued from 04.10.2023 to 03.09.2025, charge-sheet has been filed and applicant is in jail since 04.04.2026, I am inclined to grant bail to the present applicant.”
Ratio
In cases involving allegations of sexual assault under POCSO, the existence of a long-term consensual relationship and the lodging of a complaint only after the victim attains majority can be considered valid grounds for granting regular bail, especially when the investigation is complete and the accused has no criminal history.
Background
The prosecution alleged that the applicant took the victim, then a minor, to a hotel in October 2023 under the pretext of marriage and established physical relations. It was further alleged that the relationship continued, leading to the victim's pregnancy and a subsequent forced abortion. The victim alleged that the applicant refused to marry her after a final encounter in September 2025.
Counsel for the applicant argued that the case was a result of a failed love affair and pointed out that the applicant had been in custody since April 2026. Despite the victim appearing through video conferencing and raising a serious objection to the bail plea, the Chhattisgarh High Court found the applicant eligible for release upon executing a personal bond of Rs. 50,000/- with one surety.
Case Details:
Case No.: MCRC No. 8277 of 2026
Neutral Citation: 2026:CGHC:43175
Case Title: Prakash Yadav v. State Of Chhattisgarh
Appearances:
For the Petitioner(s): Mr. Chandrikaditya Pandey, Advocate
For the Respondent(s): Ms. Monika Thakur, Panel Lawyer
Source: 2026 CaseBase(CTH) 19879
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