The court considered the submissions of the applicant's advocate as well as the Additional Public Prosecutor and stated that it is of the opinion that it is a "fit case to exercise discretion" to enlarge the young applicant on regular bail.Observing that the Protection of Children from Sexual Offences (POCSO) Act, 2012, was “misused” in cases of “romantic or consensual relationships between adolescents”, the Gujarat High Court recently granted bail to a 20-year-old man in a case of alleged kidnapping, allurement to marry and rape of a teenaged minor girl, considering submissions that the two had “eloped for a period of one month” due to their “love affair”.The single-judge bench of Justice Nikhil Kariel of the Gujarat HC was hearing a petition filed by the man, who has been booked in an FIR lodged in Dahod district for allegedly kidnapping, raping and inducing a woman to compel marriage as well as Sections of the POCSO Act, 2012. The applicant has been in custody since November 2025 and a chargesheet has also been filed in the case, the court noted.In its oral order, the HC cited a January 2026 order of the Supreme Court and stated that Sections of the POCSO Act were misused in cases of consensual relationships between adolescents.The HC order states, “The Honorable Supreme Court… (has noted) the fact of the POCSO Act being misused even when the case is one of a romantic/consensual relationship between adolescents or one where the prosecutrix/victim is adolescent and where the age gap between the parties is not substantial.”The court considered the submissions of the applicant’s advocate as well as the Additional Public Prosecutor and stated that it is of the opinion that it is a “fit case to exercise discretion” to enlarge the young applicant on regular bail.The court, in its order said, “While the age of the prosecutrix is stated to be around 16 years, the age of the present applicant being 20 years could not be ignored… It also appears that the applicant and the prosecutrix were having a love affair and had eloped for a period of one month, thus negating any allegations of threat, force or coercion involved and reflecting the consensual nature of the relationship.”The advocate for the applicant submitted before the court that since the charge-sheet had been filed in the case, keeping the applicant in jail for an indefinite period would “serve no purpose”. The Additional Public Prosecutor opposed the grant of bail, citing fears that since the applicant was not a resident of Gujarat, he could “abscond” if released.Story continues below this adTo “allay the apprehension” of the prosecution, the court laid down conditions before the applicant to not leave the State of Gujarat without prior permission of the Sessions Court concerned while also marking presence once a month before the concerned police station for a period of three months, apart from imposing a bail bond of Rs 10000 with one surety of the like amount to he satisfaction of the Trial Court.Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read MoreStay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:POCSO