Judgment & Order (Oral):

1. Heard learned counsels for the parties.

2. This is a case where the applicant has come before this Court with a prayer for grant of bail on behalf of her son, Shri. Alberstar Khongjee, who is an accused, who was arrested in connection with Pynursla P.S. Case No. 77 of 2025 under Section 142 BNS, 2023 read with Section 3(a)/4 of the POCSO Act, 2012.

3. The allegation against the said accused person is that he has allowed the niece of the complainant to stay at his residence since 09.12.2025, and there, they had entered into a sexual relationship, the said niece being a minor, hence the FIR was filed with a prayer for necessary action to be taken as per law. Thereafter, the said accused person was arrested on 16.12.2025, and is still in custody till date.

4. Ms. A. Kharshiing, learned counsel for the applicant has submitted that the relationship between the accused person and the survivor is a love relationship, and there is no force, coercion or sexual assault perpetrated against the said survivor. It was the voluntary decision of the survivor to come and reside at the residence of the accused person. Hence, no ill intention can be attributed as far as this act is concerned. This fact was not denied by the survivor in her statement under Section 180 BNSS, when she admitted that she is in a love relationship with the accused and the sexual act was consensual. In view of this fact, it is prayed that the accused person may be enlarged on bail with any conditions deemed fit and proper to be imposed by this Court.

5. Mr. S. Sengupta, learned Addl. PP along with Mr. S.A. Sheikh, learned GA appearing for the State respondent has produced before this Court the compliance report and the status report filed by the Investigating Officer. He has also acknowledged the factual aspect of the case as has been stated by the learned counsel for the applicant, and has pointed out that in the said report, the statement of the survivor has been recorded under Section 180 BNSS, wherein, she had admitted that she is having a love relationship with the accused, who is her boyfriend and she had also gone to his home on her own accord. She had also admitted that she had consensual sex with him once. In view of such statement, the learned Addl. PP has submitted that there is no strong objection by the State respondent for grant of bail.

6. This Court, on consideration of the submission made, is conscious of the fact that a case under the POCSO Act is serious in nature, particularly where it involves sexual assault of a child. However, in exceptional circumstances, when it involves love relationship, and the alleged sexual act is consensual, more often than not, looking into the totality of the situation at the stage of consideration for grant of bail, there is no reason why the accused person should be contained in custody.

7. It is reiterated that this aspect of the matter has been noticed in the case of Vijayalakshmi & Anr v. State represented by the Inspector of Police & Anr reported in 2021 SCC OnLine Mad 317, para 18. For ready reference, the same is reproduced herein below:

                   “18. In the present case, the 2nd Petitioner who was in a relationship with the 2nd Respondent who is also in his early twenties, has clearly stated that she was the one who insisted that the 2nd Respondent take her away from her home and marry her, due to the pressure exerted by her parents. The 2nd Respondent, who was placed in a very precarious situation decided to concede to the demand of the 2nd Petitioner. Thereafter, they eloped from their respective homes, got married and consummated the marriage. Incidents of this nature keep occurring regularly even now in villages and towns and occasionally in cities. After the parents or family lodge a complaint, the police register FIRs for offences of kidnapping and various offences under the POCSO Act. Several criminal cases booked under the POCSO Act fall under this category. As a consequence of such a FIR being registered, invariably the boy gets arrested and thereafter, his youthful life comes to a grinding halt. The provisions of the POCSO Act, as it stands today, will surely make the acts of the boy an offence due to its stringent nature. An adolescent boy caught in a situation like this will surely have no defense if the criminal case is taken to its logical end. Punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective of the POCSO Act. An adolescent boy and girl who are in the grips of their hormones and biological changes and whose decision-making ability is yet to fully develop, should essentially receive the support and guidance of their parents and the society at large. These incidents should never be perceived from an adult's point of view and such an understanding will in fact lead to lack of empathy. An adolescent boy who is sent to prison in a case of this nature will be persecuted throughout his life. It is high time that the legislature takes into consideration cases of this nature involving adolescents involved in relationships and swiftly bring in necessary amendments under the Act. The legislature has to keep pace with the changing societal needs and bring about necessary changes in law and more particularly in a stringent law such as the POCSO Act.”

8. In the above, the Hon’ble Madras High Court, has also discussed on the aspect of love or romantic relationship and the fact that the parties involved should not be made to suffer unnecessarily. Under such circumstances, this petition is hereby allowed.

9. The accused, Shri. Alberstar Khongjee is directed to be released on bail on the following conditions:

                   i) That he shall not abscond or tamper with the evidence or witnesses;

                   ii) That he shall attend court as and when called for;

                   iii) That he shall not leave the jurisdiction of Meghalaya, except with due permission of the court concerned; and

                   iv) That he shall bind himself on a personal bond of ₹ 20,000/- (Rupees twenty thousand) with one surety of like amount to the satisfaction of the Trial Court.

10. In view of the above noted observations, this petition is accordingly disposed of. No costs.

11. Let copy of this order be issued upon the Superintendent, District Prison and Correctional Home, Shillong for compliance.