### Bail Granted in Case of Romantic Relationship Between Adolescents Lacking Element of Compulsion or Enticement

The applicant, a 19-year-old labourer, was arrested on 08.02.2026 in connection with Crime No. 465/2025.

He was charged with kidnapping and penetrative sexual assault of a minor victim aged approximately 17 years and 4 months.

The prosecution alleged offences under Sections 137(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 5L/6 of the POCSO Act.

The applicant moved this first bail application under Section 483 of the BNSS, 2023, contending that it was a case of a consensual romantic relationship where the victim accompanied him voluntarily to Bhilwara, Rajasthan, for eight months due to parental opposition.

The investigation is complete, and the final report has been filed.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the nature of the allegations and the statement of the victim.

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail.

It considered the penal provisions of Sections 137(2) (Kidnapping) and 64(2)(m) (Punishment for rape) of the BNS, 2023, alongside Sections 5L/6 of the POCSO Act.

The Court also referred to Section 183 of the BNSS, 2023 (formerly Section 164 CrPC) regarding the evidentiary value of the victim's statement.

Furthermore, the Court relied on established bail jurisprudence emphasizing the socio-economic status of the accused, the lack of criminal antecedents, and the likelihood of the accused fleeing or tampering with evidence.

The Court observed that while the victim was a minor (17 years and 4 months), her statement recorded under Section 183 of the BNSS suggests a consensual relationship without the element of enticement, force, or compulsion.

It noted that the victim specifically stated she had a liking for the applicant and left home because her parents were against the relationship.

The Court analyzed the applicant's background, noting he is a 19-year-old labourer with no criminal history, reducing the risk of recidivism or his ability to influence prosecution witnesses.

Since the investigation is concluded and the final report is filed, the Court reasoned that further incarceration during a lengthy trial would cause undue hardship to the young applicant.

The Court clarified that the veracity of the prosecution’s claims regarding the victim's age and the applicant's complicity are matters for trial evidence and do not warrant pre-trial detention in this instance.

The applicant was ordered to be released on a personal bond of Rs. 25,000/- with one surety of the like amount, subject to conditions including regular attendance at trial, non-involvement in similar offences, and a prohibition against tampering with evidence or threatening witnesses.

The holding emphasizes that in cases of prima facie romantic relationships between adolescents where the investigation is complete, the liberty of a young applicant with a clean record outweighs the necessity of continued incarceration.