Delhi High Court Grants Bail in POCSO Case, Recognizes Romantic Relationship Between Minors Court Cites Prolonged Incarceration and Delayed Trial in Granting Bail to 19-Year-Old Accused in a Case Involving a 17-Year-Old Victim
In a significant ruling, the Delhi High Court has granted bail to Sonu Halder, a 19-year-old accused in a case registered under the stringent Protection of Children from Sexual Offences (POCSO) Act and various sections of the Indian Penal Code (IPC). The case, Bail Appln. 4133 of 2025, was decided on January 12, 2026, by Justice Vikas Mahajan, considering the prolonged incarceration of the accused and the delayed trial proceedings.
The case was initially registered based on a complaint by the victim's mother, alleging kidnapping and sexual assault of her 17-year-old daughter. The FIR was lodged under Sections 344, 363, 366, 376, 506, and 34 of the IPC, alongside Sections 6 and 21 of the POCSO Act, and Section 10 of the Prevention of Child Marriage Act. The prosecution argued that the accused, the brother of the victim's friend, forcibly took her to West Bengal, leading to a forceful sexual encounter resulting in pregnancy.
However, the defense, led by advocates Madhav Suri and Akanksha Singh, contended that the accused and the victim were in a consensual romantic relationship. The defense highlighted that both families were aware of the relationship, and the victim voluntarily joined the accused in Kolkata. The court noted that the victim was of sufficient maturity and had opportunities to return to her family, suggesting the case involved a romantic relationship rather than criminal intent.
Justice Mahajan emphasized that the POCSO Act aims to protect minors from exploitation, not criminalize consensual relationships among young individuals. The court also considered the lack of prior criminal involvement of the accused and the fundamental rights under Article 21 of the Constitution, which guarantees protection against prolonged detention.
Citing delays in the victim's examination and the trial's slow progress, the court granted bail with conditions, including a personal bond of Rs. 10,000 and restrictions on contacting the victim or witnesses. The court clarified that the observations made were solely for the bail decision and not an opinion on the case's merits.
This decision underscores the judiciary's balanced approach in interpreting laws designed for child protection while considering real-life implications and the rights of the accused in cases involving romantic relationships between minors.
Statutory provision(s): Sections 6/21 of the POCSO Act, Sections 344/363/366/376/506/34 of the IPC, Section 10 of the Prevention of Child Marriage Act, Article 21 of the Constitution of India.
Sonu Halder v. State NCT of Delhi, (Delhi) : Law Finder Doc Id # 2836684
