Bail may be granted in POCSO cases when the charge-sheet is filed and the victim's representative expresses no objection due to an amicable settlement, regardless of the gravity of the allegations.

Order

1. The present bail application has been filed by the accused applicant under Section 483 of the B.N.S.S., 2023 against the order dated 15.12.2025 passed by learned Special Judge, Protection of Children from Sexual Offences Act, 2012 No.1, Merta (hereinafter referred to as learned 'trial Court') in Bail Application No.84/2025 arising out of FIR No.175/2025, registered at Police Station Chitawa, District Didwana-Kuchaman for the offences punishable under Section 75(2) of B.N.S., 2023 and Section 7/8, 9(m)/10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘Act of 2012’) by which the bail application of the accused-applicant under Section 483 of the B.N.S.S., 2023 has been dismissed.

2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel also submits that there is some dispute between the partis. Learned counsel argues that there is no allegation against the present accused-applicant for committing rape with the victim, whereas the allegation against him is simply for kissing and beating her. Learned counsel further submits that no injury has been found on the body of victim.

3. Learned counsel for the accused-applicant contends that the charge-sheet has already been filed and trial against the accused applicant will take time to conclude. Learned counsel further contends that the accused-applicant was arrested on 13.11.2025 and since then, he is behind the bars, therefore, the accused applicant be enlarged on bail.

4. Learned counsel appearing on behalf of the State vehemently opposes this bail application and submits that victim is merely aged about eight years, therefore, the accused-applicant may not be enlarged on bail.

5. Learned counsel appearing on behalf of victim has no objection if the accused-applicant is enlarged on bail as the parties have settled their dispute amicably.

6. Heard learned counsel for the parties and also perused the material available on record.

7. Considering the overall facts and circumstances of the case; the period of custody of the accused-applicant; the fact that counsel for victim has no objection upon releasing the accused applicant on bail; that the charge-sheet has already been filed and trial will take time to conclude, without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant.

8. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Sitaram S/o Shri Ramehswarlal arrested in connection with FIR No.175/2025, registered at Police Station Chitawa, District Didwana-Kuchaman shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicant will be required to appear before that Court on all dates of hearing and as and when called upon to do so.