Delhi court grants bail in POCSO case after consensual elopement

New Delhi: A Delhi court has granted bail to an accused in a POCSO case, observing that "no fruitful purpose will be served by keeping him in custody", amid claims of consensual elopement, marriage and a child with the then 17-year-old "victim".

The woman though has said that she "eloped with the accused on her own free will" and has been living as his wife in Agra with their eight-month-old daughter.

Additional Sessions Judge Mona Tardi Kerketta was hearing the bail plea of Ramu, an accused in the case lodged under the Protection of Children from Sexual Offences (POCSO) Act. The victim and her sister have filed affidavits stating "no objection to the grant of bail" and no fears of threat.

In the order dated January 6, the court observed that the alleged victim "was not of such a tender age that she could not understand the implication of her sexual relationship with the accused", and that there were no allegations of "forcible sexual assault" or violence.

On April 7, 2025, an FIR was lodged against the accused under section 376 (rape) of the Indian Penal Code (IPC) and section 6 (aggravated penetrative sexual assault) of the POCSO Act at the Mehrauli police station, after the woman's sister alleged that she went missing from the Freedom Fighter Colony on April 3, 2024, and voiced suspicion that she was "lured away".

The woman was found from Agra on November 19, 2025. The woman, who was born on January 1, 2008, according to her Aadhaar card, said she got married to the accused in a court three months after eloping with him. She refused a gynaecological exam with a negative urine pregnancy test (UPT). Ramu, in custody since November 24, 2025, underwent a potency test.

"The victim and the accused belong to the same social background. The age difference between them is not vast as the accused was aged about 23 years and victim was aged about 17 years at the time of the alleged incident. There is no allegation of forcible sexual assault neither there is an allegation of any kind of physical violence or abuse by the accused," the court said.

It took note of the affidavits filed by the woman and her sister, stating that they have no objection to the grant of bail and emphasised that they had even said the accused should be released on bail so that he can support his wife and their child.

The court said the police investigation was limited in nature and had glaring gaps, consisting primarily of producing the woman before the Child Welfare Committee, recording her statement, collecting the accused's blood sample and issuing a notice to the woman's first school to obtain age-related documents.

The accused has been in judicial custody since November 24, 2025, and it has been admitted that custodial interrogation is not required for further investigation.

Noting that custody is no longer required for any purpose, the court granted bail to the accused and directed him to furnish a personal bond of Rs 25,000 with a surety. The relief was granted subject to the conditions that the accused would cooperate with the probe, not influence witnesses or tamper with the evidence, keep authorities informed of address changes and appear regularly during trial.