High Court · 2025

Mr. Ak hil Kum ar Sah, learned counsel for t he applicant .

2. Mr. Siddhart ha Bisht , lear ned A.G.A. for t he St at e.

3. The applicant – Bhavesh Kum ar , w ho is in j udicial cust ody in connect ion wit h Case Crim e/ FI R No. 19 of 2025, under Sect ions 137( 2) , 351( 1) , 64( 1) and 87 of B.N.S. and 3/ 4 of POCSO Act , regist er ed at P.S.- Bhim t al, Dist rict Nainit al, has sought his r elease on bail.

4. Hear d lear ned counsel for t he part ies and per used t he r ecords.

5. I n t his case, a m issing report was lodged by t he fat her of t he vict im on 21.04.2025. Subsequent ly, t he vict im was recov ered from t he house of t he applicant and t her eaft er t he st at em ent s w ere recor ded and on t hat basis, t he applicant was arrest ed. Lear ned counsel for t he applicant would 6. subm it t hat applicant as well as t he vict im , bot h w er e st udying in t he sam e school and t hey st udied t oget her from class 9 t h t ill class 12 t h. Ther eaft er, aft er passing class 12 t h, t he in D.S.B. Degree vict im got adm ission College, Nainit al; t hat on t he basis of t he st at em ent of t he vict im , t he applicant was filed under arrest ed and chargesheet was Sect ions 137( 2) , 351, 64, 87 of BNS and 3/ 4 of POCSO Act . Lear ned counsel t he applicant would furt her subm it t hat even t he m edical t he prosecut ion st ory as no sper m at ozoa was found and neit her any int er nal or ext er nal inj ury was found. cont ra, 7. Per learned St at e Counsel support report vehem ent ly opposed t he bail applicat ion cont ending t hat t he offence alleged is of a grave and heinous nat ur e. I n rebut t al, lear ned counsel

8. t he applicant would subm it t hat t he r elat ionship bet w een t he applicant and t he vict im was a consensual and t hat t he vict im was m ore t han 17 years of age and applicant was 19 years of age at t he t im e of incident . I nsofar as t he offences punishable under 9. Sect ions 3 and 4 of t he Prot ect ion of Childr en from Sex ual Offences Act , 2012 ( a special enact m ent ) are concerned, it is pert inent t o obser ve t hat alt hough t he provisions of t he in nat ure, such said st at ut e ar e st ringent t he Court rigour does not pr eclude exer cising t o grant or refuse bail, where t he fact s and circum st ances of t he case so warrant , in order t o secure t he ends of j ust ice. it s discr et ionary j urisdict ion

10. The m at erial on record indicat es t hat t he prosecut rix had v olunt arily left her parent al hom e wit hout inform ing her par ent s and accom panied t he applicant of her own volit ion. I t is, no doubt , t r ue t hat under t he purview of t he POCSO Act , t he prosecut rix is legally a m inor; how ev er, t he fact s of t he pr esent case reveal t hat she was possessed of sufficient under st anding, m at urit y, and discernm ent t o com pr ehend t he nat ur e and consequences of t hat she had volunt arily her act ions, and j oined t he com pany of t he applicant . I t is w ell set t led by a cat ena of decisions 11. of t he Hon’ble Supr em e Court as well as various High Court s t hat , in cases involving young offenders and consensual relat ionships bet w een adolescent s, a liberal appr oach m ay be warrant ed at t he st age of bail, so as t o prev ent t he regressive and adver se influences of prolonged incarcer at ion and t o furt her t he principle of best int er est of bot h t he part ies involved.

12. Having considered t he rival subm issions and under t he fact s and cir cum st ances of t he case and also considering t he apparent consensual nat ure of t he relat ionship bet w een t he applicant and t he vict im , t his Court is of t he view t hat it is a case fit for bail and t he applicant deserves t o be enlarged on bail.

13. Accordingly, t he present bail applicat ion is allowed.

14. Let t he applicant be released on bail on his ex ecut ing a personal bond and furnishing t wo reliable suret ies each of t he lik e am ount , t o t he sat isfact ion of t he court concerned. Uj j wal ( A l o k M a h r a J.) 17.10.2025