Absence of force or inducement in victim's statement warrants bail in romantic relationship-based POCSO cases.

The applicant, Mukesh (aged 20), was arrested on January 6, 2026, in connection with Crime No. 530/2025 at Police Station Khachrod.

He is accused of kidnapping a minor victim (aged 17 years and 4 months) and committing penetrative sexual assault.

The applicant contended that the relationship was consensual and romantic, stating the victim left her home voluntarily due to family opposition.

In her statement recorded under Section 183 of the BNSS, 2023, the victim admitted she called the applicant, accompanied him to Mhow, and engaged in physical relations.

The final report has been filed, and the applicant has no prior criminal record.

Whether the applicant is entitled to the grant of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the allegations and the victim's statement.

Section 483 of the BNSS, 2023, regarding the High Court's power to grant bail.

Sections 137(2) (Kidnapping) and 64(2) (Punishment for rape) of the Bharatiya Nyaya Sanhita (BNS), 2023, alongside Sections 3 and 4 of the POCSO Act, 2012.

The procedural requirements for witness examination under Section 346 of the BNSS (formerly Section 309 of the Cr.P.C.).

The court observed that the victim’s statement under Section 183 of the BNSS lacked evidence of inducement, enticement, or force, suggesting a prima facie merit in the applicant’s claim of a romantic relationship.

While the prosecution opposed bail based on the gravity of the offense, the court noted that the applicant is a 20-year-old agricultural laborer with no criminal antecedents and deep family roots, reducing the risk of fleeing from justice or recidivism.

The court emphasized that the determination of the victim's exact age and the veracity of the prosecution's claims are matters for trial, and continued incarceration of the young applicant was deemed unnecessary given the socio-economic context and the filing of the final report.

The applicant is required to furnish a personal bond of Rs. 25,000 with one surety of the same amount.

The bail is subject to several conditions, including regular attendance at trial hearings, a prohibition on committing similar offenses, and a strict injunction against tampering with evidence or influencing witnesses.

The Court clarified that these observations are limited to the bail application and do not reflect on the merits of the final trial.