The Allahabad High Court recently granted bail in a case under Section 64(1) of the Bharatiya Nyaya Sanhita (B.N.S.) and Sections 5(j)(ii)/6 of the Protection of Children from Sexual Offences (POCSO) Act, introducing a novel condition: the accused must deposit Rs. 1 lakh as a fixed deposit for the victim’s child until majority. This judgment underscores the court’s discretion to balance punitive measures with victim welfare, setting a precedent for bail conditions in sensitive offenses.
Background & Facts
The Dispute
The applicant, Sanjay Yadav, was accused in Case Crime No. 95 of 2026 under Section 64(1) B.N.S. and Sections 5(j)(ii)/6 of the POCSO Act for an alleged offense against a minor. The case was registered at Police Station Chiluatal, District Gorakhpur. The applicant sought bail during the pendency of the trial, arguing innocence and offering to care for the victim and her potential child.
Key Facts
- The victim, a minor, allegedly consented to the relationship and expressed a desire to marry the applicant
- The applicant claimed no criminal history and has been in custody since 15.02.2026
- The applicant undertook to cooperate with the trial and not misuse bail liberty
- The State opposed the bail application but did not dispute the applicant’s submissions
- The victim’s statement indicated her willingness to marry the applicant
Procedural History
- Case Crime No. 95 of 2026 registered under the aforementioned provisions
- Bail Application No. 14207 of 2026 filed before the Allahabad High Court
- Notice to the informant served on 22.04.2026
- Hearing conducted on 29.04.2026, with arguments from both parties
Relief Sought
The applicant sought bail on the grounds of innocence, lack of criminal history, and willingness to care for the victim and her child. The State opposed the bail but failed to counter the applicant’s submissions effectively.
The Legal Issue
The central question was whether bail could be granted under Sections 5(j)(ii)/6 of the POCSO Act and Section 64(1) B.N.S., given the victim’s alleged consent and the applicant’s undertaking to care for her and the child. Additionally, the court had to determine appropriate bail conditions that balance the accused’s liberty with the victim’s welfare.
Arguments Presented
For the Applicant
- The applicant is absolutely innocent and falsely implicated
- The victim is a consenting party and wishes to marry the applicant
- The applicant is ready to take care of the victim and her child
- No criminal history and cooperation with trial assured
- Undertaking not to misuse bail liberty
For the State
- The State vehemently opposed the bail application but did not dispute the applicant’s submissions
The Court's Analysis
The Court considered the facts and circumstances, submissions from both parties, and the evidence on record. While the State opposed the bail, it failed to counter the applicant’s arguments effectively. The Court noted the applicant’s willingness to care for the victim and her child, which played a pivotal role in its decision.
The Court emphasized that while the merits of the case were not to be adjudicated at this stage, the applicant had made out a prima-facie case for bail. The judgment highlights the court’s discretion to impose innovative bail conditions that address victim welfare, such as the Rs. 1 lakh fixed deposit for the child’s future.
"Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that the applicant is ready to take care of the victim and her child, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail."
The Verdict
The Allahabad High Court allowed the bail application with the following conditions:
- The applicant must furnish a personal bond and two sureties to the satisfaction of the concerned court
- The applicant shall not tamper with evidence or intimidate witnesses
- The applicant must appear before the trial court as required
- The applicant shall deposit Rs. 1 lakh as a fixed deposit in the name of the child under the guardianship of the mother, to be maintained until the child attains majority. This deposit must be made within six months of release from jail or from the date of the victim’s delivery, whichever is later
- Breach of any condition shall entail cancellation of bail
The Court clarified that its observations shall not affect the trial on merits.
What This Means For Similar Cases
Victim Welfare as a Bail Condition
This judgment introduces a novel approach to bail conditions in sensitive offenses like those under the POCSO Act. Courts may now consider financial undertakings for victim welfare as part of bail conditions, particularly where the accused expresses willingness to support the victim and her dependents.
- Practitioners can argue for innovative bail conditions that address victim welfare, especially in cases involving minors or vulnerable victims
- Prosecutors must ensure that such conditions are practical and enforceable, with clear timelines and safeguards
Balancing Liberty and Accountability
The Court’s decision underscores the discretionary power of courts to balance the accused’s liberty with accountability toward the victim. However, this approach is fact-specific and may not apply universally.
- Defense counsel can highlight the accused’s willingness to support the victim as a mitigating factor
- Trial courts must ensure that such undertakings are legally sound and not coercive
Implications for POCSO Cases
The judgment signals that POCSO cases may not always warrant automatic denial of bail, particularly where the victim’s welfare is a consideration. However, courts will likely scrutinize such cases on a case-by-case basis.
- Victim statements regarding consent or willingness to marry the accused may influence bail decisions
- Financial undertakings for victim welfare could become a standard condition in similar cases
- Prosecutors must prepare to counter such arguments with strong evidence of coercion or exploitation
