'Love affair' not a ground for bail if victim is minor: SC in POCSO case

New Delhi: The Supreme Court on Wednesday set aside the bail granted to an accused under POCSO, noting that the love affair between the girl and the accused cannot be taken as a ground for bail if the victim is a minor.

A bench of Justices DY Chandrachud and Surya Kant set aside the order of a single judge of Jharkhand High Court granting bail to an accused in a case registered under the Protection of Children from Sexual Offences (POCSO) Act 2012 and IPC.

The top court also remarked that the High Court was manifestly in error in allowing the application for bail as there was a love affair between the petitioner and the informant and the case appears to have been instituted only on the point of refusal of the petitioner to solemnise marriage with the informant, Live Law reported.

The bench also directed that the accused should surrender forthwith to custody.

Senior advocate Anand Grover and advocate Fauzia Shakil, appearing on behalf of the girl, submitted that the date of birth of the victim is January 1, 2005, and at the time of the alleged offence, she was just about thirteen years of age.

Advocate Rajesh Ranjan appearing on behalf of the accused, on the other hand submitted that though the charge-sheet has been submitted, there has been no recovery of the allegedly obscene videos nor is there any medical evidence to indicate that the girl had any sexual contact with the accused.

The top court noted that on January 27, 2021, an FIR was registered in Kanke police station of Ranchi district for offences punishable under Section 376 of the Indian Penal and provisions of the POCSO Act.

In the FIR, it was alleged by the petitioner girl that, at the material time, when she was a minor, the second respondent (accused) had taken her to a residential hotel and had entered into a sexual relationship on the assurance of marrying her.

She had alleged that the accused was refusing to marry her and that he had sent certain obscene videos to her father.

It noted that the application for anticipatory bail filed by the accused was rejected by the Special Judge, POCSO, Ranchi on February 18, 2021, after which he surrendered on April 3, 2021, and sought bail.

The police filed the charge sheet before the Special Judge on May 24, 2021, and his bail plea was allowed by the Single Judge of the Jharkhand High Court.