POCSO Case: Romantic involvement favors grant of bail to accused, says Delhi High Court

The Delhi High Court has granted relief to a POCSO accused noting that the prosecutrix was of sufficient maturity and intellectual capacity and was involved in a romantic involvement with the accused.

High Court noted that the present case was one where the prosecutrix had not been subjected to any violence or brutality, rather it was one of a romantic relationship.

Before the High Court, a petition was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail in connection with FIR registered under Sections 363/366A/376 of the Indian Penal Code, 1860 (IPC) and Section 4 of the POCSO Act, 2012. 

The complainant had alleged that his daughter, the prosecutrix aged about 14 1/2 years, was taken away by the accused, who also happened to be her friend.

During the course of investigation, the prosecutrix and the petitioner were traced to Hotel Taj King Residency, Agra, Uttar Pradesh and were brought back from Agra to PS Rajinder Nagar, Delhi. 

Justice Vikas Mahajan noted that the FIR specifically mentioned that the prosecutrix was friends with a boy named Varun Kumar (accused). Further, statements of prosecutrix under Section 161 as well as 164 CrPC, and the cross examination of the prosecutrix suggested that she had liking for the accused and went with him to Agra out of her own free will. 

"Undoubtedly, the prosecutrix was minor at the time of incident, therefore, her consent for sexual relations, if any, between them, will have no value in the eyes of law, but taking her age as 17 years, it prima facie appears that prosecutrix was of sufficient maturity and intellectual capacity, and her romantic involvement with the petitioner is one of the consideration which tilts the balance in favour of the petitioner for the purpose of granting bail", Justice Mahajan observed.

Court while granting bail to the accused noted that the prosecutrix as well as the mother of the prosecutrix and other public witnesses had already been examined and there was no question of accused exerting any influence on the said witness. 

The bench accordingly admitted the accused to regular bail, subject to him furnishing a personal bond in sum of Rs.25,000/-.

Notably, considering the repeated misuse of the POCSO Act, the Supreme Court had recently directed that its judgment be circulated to the Secretary, Law, Government of India, to consider initiation of steps as may be possible to curb the menace inter alia, the introduction of a Romeo – Juliet clause exempting genuine adolescent relationships from the stronghold of this law; enacting a mechanism enabling the prosecution of those persons who, by the use of these laws seeks to settle scores etc.

Justice Karol's bench had made these observations while setting aside a series of directions issued by the Allahabad High Court in a bail plea in a POCSO case wherein it directed constitution of a medical board to determine the age of the victim. It has said that high courts cannot order mandatory medical age determination of victims at the stage of bail in cases under POCSO Act and that the High Court’s direction of medical age determination of victims at the stage of bail exceeded the jurisdiction under Section 439 (grant of bail) of the Code of Criminal Procedure (CrPC).

Case Title: VARUN KUMAR SINGH vs STATE (SHO RAJINDER NAGAR) 

Bench: Justice Vikas Mahajan

Order Date: February 3, 2026