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Rohit vs. State (NCT of Delhi)

Bail Application · 2026:DHC:9062Decided 12 Oct 2026New Delhi Bench
BAIL APPLN. 1241/2026CNR: DLHC010124992026
Justice Mini Pushkarna

Background

The petitioner was accused of forcible sexual intercourse with a minor he had met through Instagram, with allegations of threats to keep her silent, and had been in custody for over a year. The prosecution's own evidence showed regular, mutual contact between the two, and the victim had reportedly wanted to marry him before her family objected.

Decision Breakdown

The Court granted bail, noting that the medical and forensic evidence did not clearly establish force, that all material witnesses including the victim had already been examined at trial, and that the petitioner had no criminal history. The Court drew heavily on recent Supreme Court and Delhi High Court observations that the POCSO Act is sometimes misused by families to suppress genuine adolescent romantic relationships, while being careful to clarify it was expressing no opinion on the ultimate merits of the case.

Lesson Learnt

Courts increasingly scrutinise whether a POCSO case reflects a consensual adolescent relationship opposed by family rather than a predatory offence, and a long period of undertrial custody after key witnesses have testified weighs in favour of bail.

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