Delhi court grants bail to POCSO accused, notes no forcible assault

A Delhi court has granted bail to a POCSO case accused, stating that "no fruitful purpose” will be served if he is kept in custody. The court also noted the claims of consensual elopement, marriage and a child with the “victim” who at the time of the incident was 17-years-old.

The woman submitted that she "eloped with the accused on her own free will" and has been living as his wife in Agra with their eight-month-old daughter.

The bail plea of the accused, Ramu, was being heard by Additional Sessions Judge Mona Tardi Kerketta. However, the woman and her sister stated in their affidavits that they have "no objection to the grant of bail" and no fears of threat.

‘No allegations of forcible sexual assault’

The court in its order dated January 6, stated that the alleged victim "was not of such a tender age that she could not understand the implication of her sexual relationship with the accused", and that there were no allegations of "forcible sexual assault" or violence.

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An FIR was lodged against the accused on April 7, 2025 under section 376 (rape) of the Indian Penal Code (IPC) and section 6 (aggravated penetrative sexual assault) of the POCSO Act at the Mehrauli police station, after the woman's sister alleged that she went missing from the Freedom Fighter Colony on April 3, 2024, and voiced suspicion that she was "lured away".

The woman was found in Agra on November 19, 2025. However, the woman, who, as mentioned in her Aadhaar card, was born on January 1, 2008, said that she got married to the accused in a court three months after eloping with him. She also refused a gynaecological exam with a negative urine pregnancy test (UPT). Ramu, in custody since November 24, 2025, underwent a potency test.

‘Age difference not vast’

"The victim and the accused belong to the same social background. The age difference between them is not vast, as the accused was about 23 years old and the victim was about 17 years old at the time of the alleged incident. There is no allegation of forcible sexual assault, nor is there an allegation of any kind of physical violence or abuse by the accused," the court said.

Expressing its displeasure over the manner in which the investigation was conducted by police in the case, the court stated that it was limited in nature and had glaring gaps, consisting primarily of producing the woman before the Child Welfare Committee, recording her statement, collecting the accused's blood sample and issuing a notice to the woman's first school to obtain age-related documents.

‘Custodial interrogation not required’

The accused has been in judicial custody since November 24, 2025, and it has been admitted that custodial interrogation is not required for further investigation.

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Noting that custody is no longer required for any purpose, the court granted bail to the accused and directed him to furnish a personal bond of Rs 25,000 with a surety. The relief was granted subject to the conditions that the accused would cooperate with the probe, not influence witnesses or tamper with the evidence, keep authorities informed of address changes and appear regularly during trial.

(With agency inputs)