Court considers prosecutrix's change in stance, marriage to the petitioner, and absence of objection to bail.
In a significant development, the Jammu and Kashmir High Court, under the bench of Justice Rajesh Sekhri, has granted anticipatory bail to Rakesh Kumar in a case involving allegations under the Protection of Children from Sexual Offences (POCSO) Act and Bharatiya Nyaya Sanhita, 2023. The decision, delivered on May 18, 2026, comes after the prosecutrix, who originally lodged the FIR, retracted her allegations, claiming they were made under duress and influence.
The case initially arose when the prosecutrix filed a complaint on October 27, 2025, accusing Rakesh Kumar, a member of the Indian Army, of sexual exploitation. The complaint also implicated Kumar's brother, alleging threats and attempts to solicit sexual favors. However, the prosecutrix later approached the police to amend her statement, asserting that her initial allegations were influenced by police and relatives. She emphasized her desire to marry Kumar, which she subsequently did after attaining the age of majority.
Despite the prosecutrix’s retraction and her marriage to the petitioner, the trial court had earlier denied Kumar's bail application, citing the serious nature of the charges and provisions under Section 482(4) of the Bharatiya Nyaya Sanhita, 2023. However, the High Court took into account the prosecutrix's current stance and her absence of objection to the bail application. Justice Sekhri noted the prosecutrix's clear statement that she was in love with the petitioner and had been influenced to file the FIR, now desiring to continue her marital life with him.
The High Court granted bail with specific conditions, including a surety bond of Rs. 25,000 and a personal recognizance bond of the same amount. Kumar is required to refrain from tampering with evidence or threatening witnesses, and he must remain within the Union Territory of Jammu and Kashmir unless granted permission by the trial court. He is also mandated to appear regularly before the trial court.
This case highlights the complexities that can arise in legal proceedings involving personal relationships and allegations of serious offences. The court's decision underscores the importance of considering the current wishes and statements of involved parties when making judicial determinations.
Bottom line:-
Bail granted in a case registered under POCSO Act and Bharatiya Nyaya Sanhita, 2023, considering the prosecutrix's subsequent statement that she lodged the FIR under influence and is now married to the petitioner.
Statutory provision(s): Sections 4, 6, 12, 15 of the POCSO Act, 2012; Sections 64, 65, 75, 351, 352, 482 of Bharatiya Nyaya Sanhita, 2023.
Rakesh Kumar v. UT of J&K, (Jammu And Kashmir) : Law Finder Doc id # 2901163
