Atul Mishra v. State of U.P.
Allahabad High CourtMANU/UP/2341/2022Bench: J. Rahul Chaturvedi, J. Mohd. Azhar Husain Idrisi
The Allahabad High Court took a sensitive approach and granted bail, acknowledging the social reality of adolescent relationships and the contested question of whether rigorous POCSO prosecution serves the best interests of the child and the accused in such cases. The Court did not dilute the law but noted that: (1) Courts retain bail discretion under Section 439 CrPC even in POCSO cases (though bail is not a right when sentence exceeds 7 years under Section 29A POCSO). (2) The victim's statement before the Magistrate supporting the accused is a relevant factor. (3) The court must balance the interests of justice with the social reality. The Court strongly recommended that Parliament address the lacuna regarding consensual adolescent relationships. Bail was granted with strict conditions.