Bail may be granted in POCSO and rape cases when the victim's age is near majority, statements are contradictory regarding consent/love, there is no criminal history, and in light of judicial mandates to reduce jail overcrowding.

1. Heard Sri Mahtab Alam, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 87 of 2021, under Section 376 IPC and Section 3 /4 of POCSO Act, Police Station Shahganj, District Jaunpur, during the pendency of the trial.

3. At the very outset, learned AGA submits that notice has been served on the first informant.

4. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is next submitted that the applicant has been granted bail for the offences under Sections 363 and 366 IPC, however, during investigation Section 376 IPC and Section 3 /4 of POCSO Act have been added. It is further submitted that as per FIR the applicant is said to have enticed away daughter of the first informant, however, the victim has been recovered and the victim in her statement recorded under Section 161 CrPC has stated that she was in love with the applicant whereas in her statement under Section 164 CrPC she stated that the applicant established physical relationship with her. It is further submitted that the age of the victim has been found to be more than 16 years as per certificate of High School on the date of occurrence. It is further submitted that the victim has refused to undergo medico-legal examination. It is also submitted that the applicant has been languishing in jail since 5.5.2026 and he is having no criminal history. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

6. As per the FIR, the applicant is said to have enticed away the daughter of the first informant. Initially the FIR has been lodged under Sections 363 and 366 IPC in which the applicant has been granted bail, however, during investigation Sections 376 IPC and Section 3 /4 POCSO Act have been added. The victim in her statement recorded under Section 161 CrPC has stated that she was in love with the applicant whereas in her statement under Section 164 CrPC she stated that the applicant established physical relationship with her. The age of the victim has been found to be more than 16 years as per certificate of High School on the date of occurrence and the victim has refused to undergo medico-legal examination. The applicant has been languishing in jail since 5.5.2026 and he is having no criminal history.

7. 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.

8. Accordingly, the present application is ALLOWED

9. Let the applicant- Harish Chandra involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court co