The court grants bail considering the duration of custody and the victim's testimony being hostile, emphasizing the importance of trial cooperation.

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 21-01-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has preferred this application for grant of regular bail in connection with POCSO Case no. 9 of 2025 (arising out of Parasbigha P.S. Case no. 172 of 2024) registered under sections 137(2), 96 and 64 of the Bharatiya Nyaya Sanhita, 2023 and sections 4 and 6 of the POCSO Act .

3. As per the prosecution case, the informant states that the petitioner who happens to be his son-in-law eloped with his 17 year old minor daughter.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The younger daughter of the informant returned and has been examined in course of trial in the learned trial Court wherein on not supporting the prosecution case, she was declared hostile. The petitioner is in custody since 17.1.2025 and undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that the petitioner is named in the FIR and there is direct allegation against him. Without obtaining divorce, he has married for the second time with the younger daughter of the informant and they are living together.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the contents of the deposition of the younger daughter of the informant/victim in course of trial in the learned trial Court wherein she was declared hostile together with the petitioner having remained in custody for one year since 17.1.2025, the Court directs the petitioner to be enlarged on bail in connection with POCSO Case no. 9 of 2025 (arising out of Parasbigha P.S. Case no. 172 of 2024) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge- VI-cum-Special Court, POCSO, Jehanabad on the following conditions:

(i) The petitioner shall remain physically present in Court on each date of the trial and shall cooperate in the trial.

(ii) In case the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take him into custody.

(Partha Sarthy, J)