Grant of bail in POCSO case involving romantic relationship and no objection from victim.

The applicant, a 19-year-old labourer, sought bail following his arrest on April 3, 2026, in connection with Crime No. 238/2026.

He was charged with penetrative sexual assault of a minor under Sections 96, 64(2) M, and 296 (b) of the Bharatiya Nyaya Sanhita (BNS) and Section 5L/6 of the POCSO Act.

The prosecution alleged that the applicant enticed a minor in 2023 and subjected her to sexual assault on multiple occasions.

The defense contended it was a romantic relationship between teenagers opposed by family members.

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

1. Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the relationship and the lack of objection from the victim.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the powers of the High Court regarding bail.

Evidentiary value of statements recorded under Section 183 of the BNSS (formerly Section 164 CrPC).

Procedural mandates of Section 346 of the BNSS (formerly Section 309 CrPC) regarding the timely examination of witnesses.

The Court observed that the victim’s statement recorded under Section 183 of the BNSS did not specifically allege inducement, enticement, compulsion, or force, lending prima-facie merit to the applicant's claim of a consensual romantic relationship.

The Court noted the applicant's young age (19 years), his socio-economic status as a labourer, and his lack of criminal antecedents, which mitigated risks of recidivism or fleeing from justice.

Furthermore, because the investigation was nearing completion and the victim’s family expressed no objection, the Court found no compelling reason to justify continued incarceration, especially as the trial would take significant time to conclude.

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 mandatory appearance at hearings, a prohibition on committing similar offences, and a strict injunction against tampering with evidence or threatening witnesses.