Punjab & Haryana High Court Grants Bail in POCSO Case After Victim Turns Hostile, Citing Parity and Right to Speedy Trial
Case Name: XXXX v. State of Punjab
Date of Judgment: 07 July 2026
Citation: CRM-M-2994-2026
Bench: Hon’ble Ms. Justice Aaradhna Sawhney
Held: The Punjab & Haryana High Court granted regular bail to an accused charged under the Bharatiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012, holding that continued incarceration would not serve any useful purpose where the prosecutrix and complainant had turned hostile during trial, the co-accused had already been granted bail on parity, and the trial was unlikely to conclude in the near future. The Court reiterated that bail jurisprudence must balance the gravity of allegations with the constitutional guarantee of personal liberty and the right to a speedy trial under Article 21 of the Constitution.
Summary: The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in an FIR registered for offences under Sections 137(2), 96, 70(2), and 317(2) of the Bharatiya Nyaya Sanhita, 2023, along with Section 6 of the Protection of Children from Sexual Offences Act, 2012. According to the prosecution, a sixteen-year-old girl was allegedly enticed away from her residence, and during investigation she made a statement before the Magistrate alleging sexual assault by the accused persons.
During trial, however, the prosecutrix, examined as PW-1, resiled from her earlier statement and did not support the prosecution’s case despite being declared hostile. The complainant-father also failed to support the prosecution version. The petitioner argued that the principal prosecution witnesses had already been examined, that a similarly placed co-accused had been granted bail, that he had remained in custody since December 2024, and that only three of twenty-eight prosecution witnesses had been examined, making early conclusion of trial unlikely.
The State opposed the petition on the ground that the allegations involved a minor victim and were of a grave nature under the POCSO Act, contending that release on bail could result in the accused absconding.
After considering the rival submissions, the High Court referred to the principles governing bail laid down by the Supreme Court in Sanjay Chandra v. CBI and Dataram Singh v. State of Uttar Pradesh, reiterating that pre-trial detention cannot become punitive and that the presumption of innocence continues until conviction. Observing that the principal witnesses had already been examined, the petitioner had remained in custody for a considerable period, parity existed with the co-accused, and the trial was unlikely to conclude soon, the Court held that further incarceration would infringe the petitioner’s right to personal liberty and speedy trial under Article 21. Accordingly, regular bail was granted subject to stringent conditions, while clarifying that the observations made in the order would not influence the merits of the trial.
Decision: The Punjab & Haryana High Court allowed the bail petition and granted regular bail to the petitioner subject to multiple conditions, including restrictions on leaving the country, non-interference with evidence or witnesses, regular appearance before the trial court, and compliance with any additional conditions imposed by the trial court.