New Delhi: The Supreme Court has granted bail to a man accused under the POCSO Act and the SC/ST (Prevention of Atrocities) Act, holding that a court cannot deny bail by invoking its own views on “morality,” and setting aside a Madhya Pradesh High Court order that had declined bail on the ground that releasing him could affect the “social order” and the “morals” of the victim's family.
A Bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar, was examining a challenge to the High Court's order dated 20.03.2026 rejecting his regular bail application in a case registered under the Bharatiya Nyaya Sanhita, the POCSO Act and the SC/ST Act.
The Court noted that the appellant, a tenant residing near the minor victim's family, had earlier faced a separate case for attempting to abduct the victim's elder sister, in which he was subsequently convicted, and that the present case followed after the victim alleged she had been sexually exploited by him for about a month.
While the State opposed bail citing the seriousness of the accusation and the fact that only 5 of the proposed 15 prosecution witnesses had been examined, the Court held that the High Court's reasoning, which tied the bail decision to social order and morality, was impermissible, stating that “Courts should refrain from imposing the personal views or value judgment of the Presiding Judge on morality . . . while adjudicating a matter relating to bail.”
Noting that the appellant had already undergone more than a year of incarceration and that the trial would take further time to conclude, the Court held that “a case for bail is made out,” set aside the High Court's order, and directed that the appellant be produced before the jurisdictional Special Court within seven days for release on appropriate terms and conditions.
The Court clarified that the bail order would remain subject to the appellant's custody status in the connected appeal in which he had challenged his conviction in the earlier case involving the victim's sister, and allowed the appeal accordingly.
Appearances: Mr. Yamak Sharma, Mr. Brijesh Sharma, Mr. Utkarsh Joshi, Ms. Mahima Pandey and Mr. Surya Pratap Tyagi, Advocates, with Mr. Alabhya Dhamija, AOR, appeared for the appellant. Mr. Aditya Vaibhav Singh and Mr. Raghvendra Shukla, Advocates, with Mr. Pashupathi Nath Razdan, AOR, appeared for the respondents.
Case Title: Kanha @ Kanhaiya Singh vs. The State of Madhya Pradesh & Anr.
