Bombay HC Grants Bail to POCSO Accused, Says ‘It Is a Case of Love Between Two Young Persons’

The Aurangabad Bench of the Bombay High Court has recently granted bail to a POCSO accused arrested for allegedly sexually assaulting a 14-year-old girl.

Granting bail, Justice Sanjay A. Deshmukh observed, “From the submissions of the learned counsel for the applicant, it reveals that at the time of alleged incident, the applicant was below 18 years of age. However, it is a matter of evidence. It is the case of love between two young persons.”

The court was hearing the applicant’s plea filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail in connection with case registered at Warangaon Police Station, Jalgaon district.

The case involves offences punishable under Sections 64, 351, 351(1), 351(2), and 64(2)(m) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

According to the charge sheet, on September 3, 2024, the applicant allegedly called the 14-year-old girl to his house at Ozarkheda and forcibly established physical relations with her. The prosecution claims that the victim later told her mother about the incidents after the latter noticed physical changes suggesting pregnancy. A report was then lodged on September 27, 2024.

During the hearing, advocate Bhushan Mahajan, appearing for the applicant, submitted that his client’s date of birth is June 1, 2006, and the alleged incident took place on September 3, 2024, making him below 18 years of age at the time. He argued that the applicant has roots in society, will not abscond, and that the trial will take time.

Opposing the plea, APP P.P. Dawalkar for the State and advocate S.S. Gangakhedkar, appointed for the complainant, contended that the offence is serious and punishable with imprisonment for life. They argued that releasing the applicant could lead to pressure on witnesses or tampering with evidence.

Referring to the victim’s statement, the court noted, “The statement of the victim child shows that the incident took place before six to seven months and it was revealed when she did not attain menstruation. Till then the fact of alleged incident was not known to anybody, except the applicant and the victim child. It shows that there is no force on the part of the applicant while commission of the said crime.”

Allowing the application, Justice Deshmukh observed that the applicant has roots in society and is unlikely to flee from the trial, reiterating that “bail is the rule and jail is the exception.”

Court directed that the applicant be released on bail upon furnishing a personal bond of Rs 25,000 with surety of the like amount, subject to conditions that he shall not tamper with prosecution evidence or influence witnesses, and shall not enter Bhusawal Taluka until the conclusion of the trial except for court appearances.

Case Title: Applicant vs State of Maharashtra & Anr.

Bench: Justice Sanjay S Deshmukh

Order Date: 15 October