A court may deny bail based on the severity of the allegations involving a minor victim, considering the totality of circumstances.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS )

seeking regular bail.

2. The applicant is the sole accused in Crime No.761/2025 of Maranalloor Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 4 r/w 3(b), 6 r/w 5(l), 5(m), 5(n), 8 r/w 7, 10 r/w 9(l), 9(m) and 9(n) of the Protection of Children from Sexual Offences Act , 2012, Sections 75 (1)(i)(ii), 63(b), 64(2)(f)(m), 65(2), 76 and 79 of the Bharatiya Nyaya Sanhita , 2023, and Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015.

3. The prosecution case, in short, is that the victim is a minor girl aged 3½ years. The applicant herein is a close relative of the victim. The allegation against the applicant is that, with sexual intent, he kissed the victim on her lips, cheek, and chest and also inappropriately touched and bit her private parts.

4. I have heard Sri.S.Justus, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 14.11.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The victim is a 3½ year old girl. She was brutally sexually assaulted repeatedly by her uncle. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage.

The bail application, accordingly, is dismissed.

Sd/-