Chhattisgarh HC grants bail in a POCSO case, noting prolonged custody and slow trial progress

News Citation : 2026 LN (HC) 289 | 2026:CGHC:20088

April 30, 2026 : The High Court of Chhattisgarh has granted bail to a 22-year-old accused, Swayam Netam, in a case involving charges under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act, noting delays in trial proceedings and limited witness examination so far.

In an order dated April 30, 2026, Justice Sanjay Kumar Jaiswal allowed the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant had been in custody since November 4, 2025, in connection with Crime No. 671/2025 registered at Bemetara police station.

According to the prosecution, the case originated from a complaint filed by the victim’s mother, alleging that the accused had taken the minor girl to a lodge and engaged in sexual intercourse. Based on the complaint, offences were registered under Sections 137(2), 64(1), and 64(2)(m) of the BNS, along with Sections 4 and 6 of the POCSO Act. The accused was apprehended during the investigation.

The defence argued that the accused was falsely implicated, claiming the victim had voluntarily accompanied him and that the prosecution had failed to conclusively establish her age. It was also highlighted that despite the passage of several months, only three out of 23 prosecution witnesses had been examined, and the trial was unlikely to conclude soon.

The State opposed the bail plea, maintaining that the victim was a minor at the time of the incident. The victim and her mother also appeared via video conferencing through the District Legal Services Authority and objected to the grant of bail.

After considering the case diary, the nature of allegations, the statement of the victim, and the prolonged detention of the accused, the court observed that the trial would take considerable time to conclude. On this basis, it deemed it appropriate to grant bail.

The court directed that the applicant be released upon furnishing a personal bond of ₹25,000 along with one surety of the same amount, subject to his appearance before the trial court as required.

Case Reference : MCRC No. 3407 of 2026, Swayam Netam vs State of Chhattisgarh; Counsel for Applicant: Mr. Amit Kumar Sahu, Advocate; Counsel for Non-Applicant/State: Mr. Narayan Prasad, P.L.