Citation: Vicky @ Vikky v. State (Govt. of NCT of Delhi) & Anr., Bail Appln. 3253/2026, Delhi High Court (Justice Mini Pushkarna), decided on 06.10.2026 | 2026:DHC:8821
In POCSO cases, a minor’s consent is not valid in law, but at the bail stage after charges, courts weigh real-life factors such as the ages of the accused and victim, whether the relationship was romantic, whether the victim’s statements are inconsistent, the length of custody, and whether the trial will take long. These mitigating factors can justify bail even in a serious offence. These findings are only for bail and not an opinion on guilt.
The Delhi High Court has granted bail to a 20-year-old man in a POCSO case after he spent more than three years in custody. The FIR was registered in July 2023, after a girl aged 14 years 8 months went missing from home. When the police traced her, she told them that she had left home in anger after being scolded and that she had no complaint against anyone. A day later, she and her father came to the police station and alleged that the young man had kept her in a locked room, drugged her and raped her. The police charged him under IPC Sections 363, 368, 376 and 328, and POCSO Sections 6 and 21. This was his third regular bail application. Justice Mini Pushkarna noted that the girl had given different statements at different stages and that Instagram posts showed they had been in a romantic relationship for months. She noted that the FSL report found no male DNA on the cervical swabs, and the medical examination found no intoxicant in her blood. Relying on the Dharmender Singh guidelines for POCSO bail and the Praduman ruling, she held that the age of the accused and victim, the relationship, the inconsistent statements and the long custody were mitigating factors. The trial is slow, as only two of 19 witnesses have been examined. The accused also has no criminal record, and the two live far apart. Bail was granted on a Rs 30,000 personal bond with one surety, along with conditions such as appearing at every hearing and reporting to the police station every Monday. The court made clear that its remarks are only for deciding the bail plea and do not affect the trial.