Delhi HC Grants Bail to 20-Year-Old Woman Accused Under POCSO Section 6 After Victim's Mother Raises No Objection

Justice Manoj Jain admitted a 20-year-old woman to bail in a POCSO Section 6 case after the victim's mother, appearing via video-conferencing, stated she had no objection to release provided the applicant refrain from similar conduct in future.

The High Court of Delhi on 17 July 2026 granted regular bail to Anjali, a 20-year-old woman who had been in custody for more than three and a half months in connection with FIR No. 0042/2026 registered on 25 March 2026 at Police Station Chankya Puri. The FIR alleged that she had forced a physical relationship with a minor boy. Justice Manoj Jain, sitting singly, admitted the applicant to bail after the victim's mother — appearing through video-conferencing — told the Court she had no objection to bail so long as the applicant was directed not to repeat such conduct. The bail bond was fixed at Rs. 10,000 with surety of a like amount.

The Case Before the Court

The FIR was lodged on the basis of a PCR call made by the victim boy's mother, who reported that the applicant had made a forceful physical relationship with her minor son. The police registered offences under Section 351(2) of the Bharatiya Nyaya Sanhita, 2023 — which corresponds to Section 506 of the Indian Penal Code — and under Section 6 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). Section 6 of POCSO deals with aggravated penetrative sexual assault and carries a minimum sentence of twenty years' imprisonment.

By the time the bail application came before the Court, the charge-sheet had already been filed. It included the victim boy's statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, corresponding to the erstwhile Section 164 of the Code of Criminal Procedure. The applicant had no prior criminal involvement, and her conduct in jail was recorded as satisfactory in the Nominal Roll received from the jail authorities.

The Court's Approach to the Victim's Family

On the previous date of hearing, the Court directed the prosecutor to get in touch with the family of the victim so that their response could be placed on record before bail was considered. This step brought the victim and his mother into the proceedings.

On 17 July 2026, the victim boy and his mother joined the hearing through video-conferencing and were identified by the Investigating Officer before the Court. When the mother was asked for her response, she stated that she would have no objection to the grant of bail, provided the applicant was directed to keep away from any such act or endeavour in future.

The applicant's counsel, acting on instructions from the applicant's mother who was physically present in Court, submitted that the applicant would maintain complete distance from the complainant's family and would also shift from her existing residence.

Reasoning for Admission to Bail

Justice Manoj Jain weighed the overall facts and circumstances. The applicant was only 20 years of age at the time of the order. She had been in custody for over three and a half months. She had no prior involvement in any case, and her jail conduct was satisfactory. The victim's mother had explicitly raised no objection on the condition that the applicant refrain from similar conduct.

The Court was careful to add that it was not expressing any opinion on the merits of the case. The admission to bail was without prejudice to the trial and the findings that the Trial Court may reach on the charge-sheet and the evidence before it.

The bail was conditioned on a personal bond of Rs. 10,000 with surety of a like amount, to the satisfaction of the learned Trial Court, Chief Judicial Magistrate, or Duty Judicial Magistrate First Class.

Conditions Attached to Bail

The Court attached four specific conditions to the grant of bail:

• The surety furnished must be local.
• The applicant must appear before the Trial Court regularly on all dates fixed in the matter.
• The applicant must not come in contact with any witness, directly or indirectly.
• The applicant must provide her mobile number to the Investigating Officer and keep the number operational at all times until the case is disposed of.

Order

The Delhi High Court admitted Anjali to regular bail in BAIL APPLN. 2332/2026 by order dated 17 July 2026. The bail application was disposed of in those terms. A copy of the order was directed to be sent to the concerned Trial Court and to the Jail Superintendent for necessary information and compliance.