Regular bail may be granted in serious offences, including POCSO, when the victim's court testimony significantly contradicts the prosecution's case and there is an unexplained delay in filing the FIR.

Digitally signed by ALLENA ALLENA ANNAJEE ANNAJEERAO RAO Date: 2026.05.05 10:36:46 +0530 NAFR

Order on Board

1. This is second bail application filed under Section 4 83 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 103/2025 registered at Police Station Raghunathnagar, District Balrampur-Ramanujganj (CG) for the offences under Sections 70(B), 74, 331(6) of the BNS and Section 4 & 6 of the POCSO Act, 2012 .

2. The first bail application has been rejected by order dated 28.02.2026 passed in MCRC No. 1584/2026.

3. As per the prosecution case, there are two complainant-victims and two accused in this case. Victim-A is major lady and Victim-B is minor girl aged about 15-16 years. Victim-A who is sister in law (Bhabhi) of Victim-B lodged a report alleging that on 08.7.2025 she and Victim-B were sleeping in their room, her husband had gone to the plant for work and her parents-in-law were also sleeping. At about 12 O’ clock in the night, the applicant along with co-accused Dinesh Kumar entered the house. Co-accused Dinesh Singh began to molest her by holding her arm. When she began to shout, co-accused Dinesh gagged her mouth while the present applicant was forcibly taking away the minor girl victim-B out of the house. When the complainant (victim-A) resisted the said act, applicant did not listen and took the minor girl (Victim-B) towards the bath room. After sometime, victim-B came and told her while crying that present applicant Rakesh Prajapati had committed rape on her. On that report, offence has been registered against the applicant and co-accused.

4.

(i). Learned counsel for the applicant submits that in cross examination Para 18 of the court statement of minor victim-B, she categorically admits that on the date of incident, nothing was committed by the applicant with her in the bath room. Further at para 21, Victim-B states that she was not certain about her present age to be 15 years and at Para 22, she further admits the fact that she was major (adult). Learned counsel submits that no evidence of her correct age has been collected by the prosecution to prove that she was minor.

(ii) He further refers to para 26 wherein the witness (Victim-B) admits that the accused were called to the house by her cousin to sit and resolve the dispute of previous money transaction and when the accused did not turn up, her cousin and Bhabhi (Victim-A) had gone to Police Station to lodge the complaint. At para 31, on being asked about the mode of rape, the witness (Victim-B) has replied that she does not understand the meaning of ‘rape’.

(iii) Referring to para 35 he further submits that victim-B clearly admits that when the accused came to their house she and her Bhabhi (Victim-A) went out quietly with the accused without raising any alarm and it was her mistake that she did not inform the family members at that time and went out quietly with the accused along with her sister in law (victim-A).

(iv) At para 36, she further admits that when she and sister in law (Victim-A) went out in the rain with the accused, Victim-A was engrossed in her time with co-accused Dinesh and was not paying attention to the witness. Learned counsel submits that in view of such statements of Victim-B, it is apparently clear that vague allegations have been made to falsely implicate the applicant.

(v) He further submits that there is inordinate delay of 21 days in filing the FIR on 29.07.2025 whereas the incident is said to have taken place on 08.07.2025. Even the medical report does not suppor