Hostility of material witnesses and absence of prima facie force justify grant of bail in POCSO cases.

The applicant, a 23-year-old laborer, was arrested on November 24, 2025, in connection with Crime No. 42/2025 for allegedly kidnapping and sexually assaulting a minor victim (aged 15 years and 2 months)

The prosecution alleged offences under Sections 137(2), 64(2)(m), and 87 of the BNS, 2023, along with Section 5L/6 of the POCSO Act

The applicant moved his first bail application under Section 483 of the BNSS, 2023, contending that the matter stemmed from a consensual romantic relationship

During the trial, the victim (PW1) and her father (PW2) were examined but did not support the prosecution's allegations of force or inducement

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, given that the material prosecution witnesses did not support the allegations of enticement or assault

2. Whether the continued incarceration of the applicant is necessary considering his socio-economic status, lack of criminal antecedents, and the current stage of the trial

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

Section 183 of the BNSS, 2023 (statement before a Magistrate)

Sections 137(2) (Kidnapping), 64(2)(m) (Rape), and 87 of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 5L/6 of the POCSO Act

Section 346 of the BNSS, 2023 (speedy trial)

The court observed that the primary evidence—the testimonies of the victim (PW1) and her father (PW2)—failed to corroborate the prosecution's claim of enticement or compulsion

It noted that the victim's statement suggested she had left her home voluntarily due to family pressure regarding marriage and had been living with the applicant in Gujarat

The court highlighted that since the material witnesses had already been examined, there was no reasonable apprehension of the applicant tampering with evidence

Furthermore, the court found that the applicant, being a young laborer with no prior criminal record, posed a low risk of recidivism or flight

The court reasoned that while the gravity of the offence is a factor, the lack of prima facie merit in the prosecution's allegations of force, combined with the expected duration of the trial, justified the applicant's release

The court held that the contentions regarding the consensual nature of the relationship and the hostile testimonies of material witnesses provided sufficient grounds for bail

The grant of bail was made subject to conditions, including regular attendance at trial, a prohibition on committing similar offences, and a mandate not to influence witnesses or tamper with evidence