Bail may be granted in POCSO and BNS cases where the victim's statement indicates consent and marriage, the medical report does not support rape allegations, and the accused has no criminal history, aligned with judicial mandates on jail overcrowding.

1. Heard Shri Bhaiya Lal Yadav, learned counsel for the applicant and Shri B.P. Maurya, learned A.G.A. for the State and perused the record. At the very outset, learned AGA submits that the notice has been served on the first informant.

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 24 of 2026, under Sections 137(2), 64(1) of B.N.S. and Section 3/4 of POCSO Act, Police Station Hazrat Nagar Garhi, District Sambhal (Bheem Nagar), during the pendency of the trial.

3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case though there is no incriminating material against him. It is further submitted that the victim in her statement recorded under Sections 180 and 183 BNSS has clearly stated that she had left her home on her own free will and she had got married with the applicant and the applicant established physical relationship with the victim on her consent. It is further submitted that the age of the victim has been found to be 17 years as per her certificate of class 8th and there is no high school certificate or certificate of school first attended and no radiological examination has been conducted for her age determination. It is further submitted that the medico legal report does not support the allegation of commission of rape on her. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 11.03.2026, in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail and it has been submitted by him that the age of the victim has been found to be 17 years as per certificate of class 8th.

5. As per first information report, the daughter of the first informant went missing and it is alleged that her daughter talked to the holders of the two mobile numbers mentioned in the FIR and the victim has been recovered and the victim in her statement recorded under Sections 180 and 183 BNSS has clearly stated that she had left her home on her own free will and she had got married with the applicant and the applicant established physical relationship with the victim on her consent. It is further submitted that the age of the victim has been found to be 17 years as per her certificate of class 8th and there is no high school certificate or certificate of school first attended and no radiological examination has been conducted for her age determination. It is further submitted that the medico legal report does not support the allegation of commission of rape on her. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 11.03.2026.

6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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