Bail granted in POCSO/IT Act case where allegations of blackmail lacked prima facie evidence of circulation.

The applicant filed a second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The applicant was arrested on 20.02.2026 in connection with Crime No. 01/2026 at P.S. Bahadurpur.

The prosecution alleges that the applicant’s brother, who was previously engaged to the prosecutrix, took obscene photographs of her.

Following the brother's arrest and the breakdown of the engagement, the applicant allegedly blackmailed the prosecutrix by threatening to circulate the media on social media to coerce a compromise in his brother's case.

The applicant's first bail application (M.Cr.C. No. 12487/2026) was dismissed as withdrawn on 25.03.2026.

1. Whether the applicant is entitled to the grant of regular bail considering the nature of allegations and the stage of the investigation.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) governing bail.

The charges against the applicant involve Sections 294(1), 79, and 232(1) of the Bharatiya Nyaya Sanhita (BNS); Sections 67(A), 67(B), and 66(E) of the Information Technology Act; and Sections 11, 12, 13, and 14 of the Protection of Children from Sexual Offences (POCSO) Act.

The court balanced the gravity of the offences against the principle of personal liberty and the likelihood of the accused fleeing from justice.

The Court noted that the applicant has been in custody since February 20, 2026.

It observed that the offences are triable by a Judicial Magistrate First Class (JMFC) and that the investigation is nearly complete, with the charge-sheet expected to be filed soon.

The Court evaluated the applicant's submission that he is a law-abiding citizen with no risk of absconding and his undertaking to not tamper with evidence or influence witnesses.

Without commenting on the merits of the evidence, the Court determined that the lengthy nature of the trial justified the grant of bail, provided strict conditions were imposed to ensure the integrity of the judicial process.

The holding is subject to conditions including: full cooperation with the investigation/trial, a prohibition against intimidating witnesses or repeating similar offences, and a restriction on leaving the country without permission.

The Court ordered that if a similar offence is repeated, the bail will be automatically cancelled.