Bail Granted to Anil Kumar Amidst Consensual Relationship with Victim on Verge of Majority
The Rajasthan High Court has granted bail to Anil Kumar, accused in a case involving alleged offenses under the Protection of Children from Sexual Offences (POCSO) Act. The judgment was passed by Justice Sanjeet Purohit in the S.B. Criminal Miscellaneous Bail Application No. 1026 of 2026. The case has garnered significant attention due to the complex circumstances surrounding the victim's age and her relationship with the accused.
The victim, identified as 'A', was 17 years, 11 months, and 26 days old at the time of the incident, just four days short of attaining the age of majority. The FIR against Kumar was filed following objections from the victim's family regarding their relationship. The victim's statements recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) indicated her voluntary consent and desire to marry Kumar. Upon reaching the age of majority, she sought protection from her family and continued residing with the accused, strengthening the defense's case.
Justice Purohit acknowledged these factors, noting the victim's proximity to maturity and her post-majority conduct. The court emphasized that the victim's statements consistently supported her consensual relationship with Kumar. The FIR appeared to have been lodged primarily due to familial disapproval rather than allegations of coercion or misconduct by Kumar.
The public prosecutor opposed the bail application, citing the victim's minor status at the time of the incident and asserting that the accused manipulated her due to her tender age. However, the court found that the victim's level of understanding and maturity, given her age at the time of the incident, could be reasonably presumed.
The judgment also highlighted that after attaining majority, the victim filed for protection from her family, which was granted by a Coordinate Bench of the High Court. She remained with Kumar's family voluntarily, further indicating her free will in the matter.
Considering the totality of circumstances, including the victim's proximity to majority, her voluntary statements, and the absence of allegations against Kumar, the court deemed it appropriate to grant bail. The court noted that the trial would take considerable time, and continued incarceration would serve no useful purpose.
Anil Kumar was granted bail on furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each. He is required to appear before the trial court on all hearing dates.
Justice Purohit clarified that the observations made in the bail application were prima facie and would not influence the trial court's final decision based on the evidence presented.
Bottom line:-
Bail granted to accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, considering the victim's proximity to attaining majority, her voluntary consent, and post-majority conduct of seeking protection and residing with the accused.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Section 183, Protection of Children from Sexual Offences Act, Sections 137(2), 87, 64(1), 64(2)M, Section 3/4, 5(L)/6 of POCSO Act.
Anil Kumar v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2892348
