Neutral Citation No. - 2025:AHC:50746 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4024 of 2025 Applicant :- Rahul Bansfor Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manvendra Narain Pathak,R.K.Paramhans Singh Counsel for Opposite Party :- G.A.,R S Dubey,Savita Dubey Hon'ble Samit Gopal,J. 1. List revised. 2. Sri Sarvesh Kumar Pandey, Advocate, submits that he has filed his vakalatnama on behalf of the applicant in the office on 07.04.2025. The same is not on the record. Office to trace it out and place it on the record and make a note about it in the order sheet. 3. Sri R.S. Dubey, learned counsel for the first informant also submits that he has filed his vakalantma in the office on 07.2.2025. The same is not on the record. Office to trace it out and place it on the record and make a note about it in the order sheet. 4. Heard Sri Sarvesh Kumar Pandey, learned counsel for the applicant, Sri R.S. Dubey, learned counsel for the first informant, Sri V.D. Ojha, learned A.G.A. for the State and perused the material on record. 5. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Rahul Bansfor, seeking enlargement on bail during trial in connection with Case Crime No. 256 of 2024, under Sections 137(2), 87, 64 B.N.S. and 5(J)2/6 POCSO Act, registered at P.S. Khukhundu, District Deoria. 6. A First Information Report of the matter was lodged on 18.7.2024 by Hari Shankar Gupta against the applicant alleging therein that on 14.7.2024 at about 12:00 p.m. his daughter aged about 13 years had gone to take bath who was allured and enticed away by the applicant. She was searched a lot but could not be traced. Mobile number of the applicant is switched off. A report be lodged and action be taken. 7. Learned counsel for the applicant submitted that subsequently the victim was recovered on 22.08.2024 and her statement under Section 180 BNSS and 183 BNSS were recorded wherein she states that she went with the applicant out of her own sweet will. It is submitted that the victim further states that she with the applicant travelled to various places and they are living together and established physical relationship with consent. It is submitted that the victim in her statement recorded under Sections 180 BNSS states that she solemnized marriage with the applicant in a temple and were living as husband and wife. It is submitted the victim was produced before the doctor for examination but she refused her internal examination. It is further submitted that Chief Medical Officer concerned vide his certificate dated 09.09.2024 opined the age of the victim to be about 18 years and as such she is major. While placing para-21 of the affidavit it is submitted that the applicant and the victim are major and have solemnized marriage with each other on their own free will and consent without coercion. It is submitted that the applicant is having no criminal history as stated in para-29 of the affidavit and he is in jail since 29.8.2024. 8. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail vehemently and submitted that as per High School Certificate of the victim issued by The Uttar Pradesh State Board of High School and Intermediate Education-2024 date of birth of the victim has been mentioned as 28.5.2011 and as such the victim was aged about 13 years at the time of incident and as such she is minor. It is submitted that consent of a minor cannot be looked into. It is submitted that the applicant is named in the F.I.R. and there are allegations against him and even the victim has named the applicant and there is allegation of establishing physical relationship with her. It is submitted that offence against the applicant is made out and the prayer for bail be rejected. 9. After having heard learned counsels for the parties and perusing the records, it is evident that as per High School Certificate the age of the victim is about 13 years at the time of incident and the same is a part of investigation as stated by learned State counsel and as such the victim is minor and consent of a minor is of no worth. 10. Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail. 11. The bail application is, accordingly, rejected. 12. Pending application(s), if any, stands disposed of accordingly. (Samit Gopal,J.) Order Date :- 8.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad