In cases involving POCSO and BNS, where the accused and victim are married and have a child, the Court may grant bail to prevent irreparable harm to the family unit, provided the victim confirms the relationship was consensual and supports the bail, and trial-related risks are addressed.

Sandeep Sharma, J. (Oral)

Bail petitioner namely Satish Kumar, who is behind bars since 16.1.2026, has approached this court in the instant proceedings filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail, in case FIR No.5 of 2026 dated 15.1.2026, registered at Police Station Sangrah, District Sirmaur, Himachal Pradesh, under Section 6 4 of the Bharatiya Nyaya Sanhita, 2023 (in short “BNS”) and Section 6 of the Protection of Children from Sexual Offences Act (in short “Act”).

2. In terms of order dated 30.4.2026, respondent-State has filed the status report and ASI Satish Kumar, PS. Sangrah, District Sirmaur, Himachal Pradesh, has come present with record. Complainant victim-prosecutrix has also come present pursuant to intimation given to her by the Investigating Officer in terms of afore order.

3. Close scrutiny of record/status report reveals that on 14.1.2026, police after having received telephonic information from Nahan Hospital, that one minor girl has been brought for delivery, reached the hospital and recorded the statement of girl, who stated that she is 12th pass and for the past four years, has been frequently talking and meeting to bail petitioner Satish Kumar. Allegedly, in the month of May 2025, bail petitioner, made her elope with him and since then, she had been residing at his residence at Mandoli Ghat. She alleged that during afore period, bail petitioner developed physical relations with her as a result of which, on 14.1.2026, she has delivered one child. Since at the time of the alleged incident, victim-prosecutrix was minor i.e. 17 years and 9 months, FIR in question came to be lodged against the bail petitioner and since then, he is behind the bars.

4. Since investigation in the case is complete and nothing remains to be recovered from him, bail petitioner has approached this Court in the instant proceedings for grant of regular bail.

5. Mr. K.S. Gill, learned counsel appearing for the petitioner, submits that as per own statement of victim-prosecutrix, she had been residing with the bail petitioner since May 2025 of her own volition. He states that though in the year 2025, victim-prosecutrix was minor, but it is also a fact that victim-prosecutrix and bail petitioner had solemnized marriage and out of their wedlock, one child has also been born. He states that now victim-prosecutrix has turned major and she does not wish to prosecute the case further.

6. To the contrary, Mr. Rajan Kahol, Additional Advocate General, while fairly acknowledging factum with regard to filing of the challan in the competent court of law, states that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of offence alleged to have been committed by him, he does not deserves any leniency. He submits that though there is overwhelming evidence adduced on record by the prosecution suggestive of the fact that bail petitioner taking undue advantage of innocence and minority of the victim-prosecutrix, firstly made her to elope with him and thereafter, sexually assaulted her against her wishes, as a result of which, she also became pregnant, but even if it is presumed that nothing happened against her wishes, such fact may not be of much relevance because admittedly at the time