Instagram Chat With Student Cannot Be Sole Material To Deny Bail': Bombay High Court Grants Bail To Tuition Teacher In POCSO Case

Advocate for Respondent No.2, is that Instagram chat between Applicant and his friend are appended and this chat shows the nature of the crime allegedly committed by Applicant. However this singular chat when seen, prima facie does not explicitly describe the commission of the offence with which Applicant is charged neither does this chat state the time, place or nature of the offence. Hence in my opinion this cannot be the sole material for considering denying bail to Applicant.

IIN THE HIIGH COURT OF JUDIICATURE AT BOMBAY

CRIIMIINAL APPELLATE JURIISDIICTIION

BAIL APPLICATION NO. 3066 OF 2026

Sunil Sundar Gandhi  Vs State of Maharashtra and Anr. 

CORAM : MILIND N. JADHAV, J.

DATE : SEPTEMBER 18, 2026.

Print Page

When Love is a Crime: 4 Surprising Truths from a Landmark Supreme Court Ruling in State of UP v. Anurudh.

 

1.0 Introduction: The Tangled Web of Teenage Love and the Law

In India, the line between teenage romance and the strict letter of the law can be perilously thin. The Protection of Children from Sexual Offences (POCSO) Act, a critical piece of legislation designed to shield children from predators, often finds itself at the center of complex cases involving adolescent relationships. This legislative reality was brought into sharp focus by the recent Supreme Court case, State of UP v. Anurudh.

Print Page

Supreme Court Urges Union To Bring 'Romeo-Juliet' Clause In POCSO Act To Shield Consensual Adolescent Relationships From Prosecution

A Necessitated Post-Script

 In Satish alias Chand v. State of U.P.10, the High Court, noted that on few occasions concern had been expressed by the Court with respect to application of the Act on consenting adolescence when it comes to consensual relationships between teenagers, four factors have been highlighted which, is crucial for the Courts to consider:

A. Assess the Context: Each case should be evaluated on its individual facts and circumstances. The nature of the relationship and the intentions of both parties should be carefully examined.

B. Consider Victim's Statement: The statement of the alleged victim should be given due consideration. If the relationship is consensual and based on mutual affection, this should be factored into decisions regarding bail and prosecution.

C. Avoid Perversity of Justice: Ignoring the consensual nature of a relationship can lead to unjust outcomes, such as wrongful imprisonment. The judicial system should aim to balance the protection of minors with the recognition of their autonomy in certain contexts. Here the age comes out to be an important factor.

D. Judicial Discretion: Courts should use their discretion wisely, ensuring that the application of POCSO does not inadvertently harm the very individuals it is meant to protect.

[See also: Mrigraj Gautam @ Rippu v. State of U.P.]   MANU/UP/3951/2023 : 2023: AHC : 204171

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 113 of 2026

Decided On: 09.01.2026

The State of Uttar Pradesh Vs. Anurudh and Ors.

Hon'ble Judges/Coram:

Sanjay Karol and N. Kotiswar Singh, JJ.

Author: Sanjay Karol, J.

Citation:  MANU/SC/0045/2026.

Print Page

Bombay HC: Whether the court should allow bail application of accused involved in offence under POCSO Act if there are love affair between accused and victim?

As far as merit is concerned, admittedly victim is of 13 years of age and her consent is not relevant. However, the statements which are recorded by the Investigation Officer shows that victim has left her house at her own accord on the pretext of bringing the book from friend and not returned back at home. She also joined the company of the present applicant and also admitted her love relationship with the present applicant in her statement. From her statement it reveals that, she stayed along with the present applicant at various places and not made any grievance as she was taken by the present applicant by using some force. Thus it is apparent that, out of the love affair, she joined the company of the present applicant. The applicant is also of a tender age of 26 years and out of love affair they come together. It seems that, the alleged incident of sexual relationship is out of the attraction between the two young persons and it is not the case that applicant has subjected the victim for a sexual assault out of lust. Considering the fact that, though charge-sheet is filed long back in the year 2020 and there is no progress in the trial and trial will take its own time for final disposal. In view of that, further incarceration of the present applicant is not required and no purpose will be served by keeping him behind bar. In view of that, the application deserves to be allowed by imposing certain conditions.

 IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Criminal Application (BA) No. 718 of 2023

Decided On: 05.01.2024

Nitin Damodar Dhaberao Vs. State of Maharashtra and Ors.

Hon'ble Judges/Coram:

Urmila S. Joshi-Phalke, J.

Citation: 2024:BHC-NAG:214, MANU/MH/4820/2024, 2024 ALLMR(CRI)2499

Print Page

How to decide bail application in case of Rape and kidnapping of minor girl when accused and victim are in love with each other?

The overall considerations while deciding such applications can be  summed up as -

When a boy and a minor girl are in love with each other and chose

to live together without consent of their parents, then the following factors

are to be considered:

(i) What is the age of the prosecutrix, who is minor.

(ii) Whether the act is violent or not.

(iii) Whether there are antecedents or not.

(iv) Whether the offender is capable of repeating the Act or not.

(v) Whether there is likelihood of threats or intimidation, if at all the

boy is released.

(vi) Whether any chance of tampering with the material witnesses

when their statements are recorded.

(vii) It is also to be taken into account in such cases that a boy in

his early 20's deserves to get employment and to plan,

stabilize and secure his future.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 1036 OF 2015

Sunil Mahadev Patil Vs. The State of Maharashtra .

 CORAM: MRS.MRIDULA BHATKAR, J.

 DATE : AUGUST 3, 2015

Citation;2016 CRLJ(NOC) 36 Bom

Print Page