Bail may be granted in POCSO cases where prima facie evidence suggests a consensual romantic relationship.

The applicant, a 20-year-old labourer, was arrested on March 7, 2026, in connection with Crime No. 71/2026

He was accused of kidnapping a minor victim (aged 17) and committing penetrative sexual assault

The applicant contended that it was a romantic relationship where the victim left her hostel voluntarily, and they lived together for a month

This first bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

notably, the victim and her parents expressed "no objection" to the grant of bail

1. Whether the applicant is entitled to regular bail considering the nature of the relationship and the absence of specific allegations of force in the victim's statement

2. Whether the applicant poses a risk of fleeing from justice or tampering with evidence given his socio-economic status and lack of criminal antecedents

The court applied the provisions of Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governing the High Court's power to grant bail

Substantive charges were considered under Sections 137(2) (Kidnapping), 87 (Kidnapping/Abducting with intent to secretly confine), and 64(2)(n) (Repeated Rape) of the Bharatiya Nyaya Sanhita (BNS), as well as Section 5L/6 (Aggravated penetrative sexual assault) of the POCSO Act

The court also referenced Section 183 of the BNSS regarding the recording of the victim's statement

Section 346 of the BNSS regarding the timely examination of witnesses

The court observed that the victim’s statement recorded under Section 183 of the BNSS lacked specific allegations of inducement, compulsion, or force, lending prima facie merit to the applicant's claim of a consensual romantic relationship

The court noted that the applicant is a young adult (20 years old) with no prior criminal record and a stable family background, which mitigated concerns regarding recidivism or the risk of him influencing witnesses

Furthermore, because the applicant is a labourer dependent on his family, the court found no likelihood of him fleeing from justice

The court underscored that the veracity of the prosecution's claims regarding the victim's age and the alleged offences are matters to be determined during the trial

The court allowed the application and directed the release of the applicant on bail upon furnishing a personal bond of Rs. 25,000 with one surety of the same amount, subject to conditions including regular court attendance, refraining from committing similar offences, and prohibiting any inducement or threat to witnesses