Delhi HC grants bail to POCSO accused in consensual adolescent affair

The Delhi High Court granted regular bail to a POCSO accused, considering the consensual adolescent relationship with the victim. The court also noted the acceptance of the relationship by the victim's parents and the accused's good conduct in custody.

The Delhi High Court recently granted regular bail to an accused in a POCSO case considering that accused and victim were adolescent and in consensual relationship. It also considered that the parents of victim have accepted the relationship. His behaviour in 4 months judicial custody was satisfactory. This case pertains to an FIR lodged at Sarita Vihar Police Station in January 2026. Accused was in custody since May 13. Justice Mini Pushkarna granted regular bail to accused after considering the submissions and decision placed by the counsel for accused.

Court's Rationale for Bail

"This Court is of the view that the present petition for grant of regular bail can be allowed. No fruitful purpose will be served by the continued incarceration of the petitioner," Justice Pushkarna held. "Accordingly, for the aforesaid reasons, it is directed that the petitioner be released on regular bail subject to furnishing a personal bond in the sum of Rs 20,000 with one surety of the like amount," the bench ordered on October 14.

Reliance on Supreme Court Precedent

While granting bail the bench relied upon the decision of the Supreme Court in the case of State of Uttar Pradesh Versus Anurudh and Another, whereby, it has been held that the POCSO Act has been frequently misused to supress adolescent romantic relationships by the families, who are in objection to such relationships. The Supreme Court had emphasised on inclusion of a ‘Romeo-Juliet’ clause to exempt such romantic relationships from the strict application of the POCSO Act.

Case Background

The present FIR was registered at the instance of the father of the victim, alleging his daughter aged about 16 years, on the ground that the victim had been missing since January 5. On May 13, the victim was traced by the police and found residing with the petitioner in a rented accomodation outer Delhi. The petitioner was arrested on the same date and remanded to judicial custody.

During investigation by the police, the petitioner disclosed that he had married the victim and that they had been living together. However, no proof of the said marriage was provided by the petitioner or the victim. The medical examination of the victim revealed that she was pregnant, indicating that sexual intercourse had occurred while she was a minor.

Arguments Presented in Court

Advocate Anis mohammed, Praveen Tokas, Mohd Irfan, appeared for petitioner. It was submitted that accused and victim are adolescent, they were in consensual relationship. They were living together after their marriage. The Romeo Juliet clause applies in their case.

On the other hand Additional Public Prosecutor (APP) Sunil Kumar Gautam submitted that the present case pertains to serious offences punishable under the POCSO Act, and concerns a minor girl aged about 16 years. He further submitted that, if released on bail, the petitioner may influence or intimidate the victim, her family members and other prosecution witnesses, thereby adversely affecting the fairness of the proceedings before the Trial Court. (ANI)

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