Neutral Citation No. - 2025:AHC:55418 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5790 of 2025 Applicant :- Saddam Hussain Alias Guddu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Tiwari,Ganesh Mani Counsel for Opposite Party :- G.A.,Mukesh Kumar Pandey Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ganesh Mani, learned counsel for the applicant, Sri Mukesh Kumar Pandey, learned counsel for the first informant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of BNSS has been filed by the applicant-Saddam Hussain Alias Guddu, seeking enlargement on bail during trial in connection with Case Crime No.159 of 2024, u/s 137(2), 87, 318(4), 338, 336(3), 340, 65(1) BNS and 4(2) POCSO Act, 3/5(2) Conversion of Religious Prohibition Act and 3(2)V SC/ST Act, Police Station Sahayal, District Auraiya. 4. The FIR of the matter was lodged on 6.11.2024 by Prempal against the applicant and Rafeeq Sheikh Mansoori alleging therein that on 4.11.2024 at about 12 p.m. his daughter aged about 16 years was lured and enticed away by the applicant. When he came to know he went to the house of Rafeeq Sheikh Mansoori where he was abused by using caste related words and threatened. He has searched his daughter but she could not be traced. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that as per the statement of the victim given during investigation she went with the applicant out of her own sweet-will. It is argued that the present case is a case of consent. As per the medical examination report after radiological examination, the age of the victim opined by the doctor is 17-18 years, as such she is a major girl. It has also been pointed out that the applicant is not having any criminal history as stated in para 22 of the affidavit and is in jail since 12.11.2024. 6. Per contra learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and argued that the victim is a minor girl aged about 15 years as per the date of birth mentioned in the High School Certificate which is 01.01.2010 and High School Certificate will prevail over any other document with regards to age. Since the victim is a minor, the consent of a minor cannot be looked into. The victim has levelled allegations against the applicant in her statements recorded during investigation, as such bail application of the applicant be rejected. 7. After hearing the counsel for the parties and perusing the record, it is evident that as per High School Certificate the victim is a minor girl. The said certificate will prevail over other documents. There are allegations against the applicant by the victim in her statements recorded during investigation. The applicant is named in the FIR and there are allegations against him. 8. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. (Samit Gopal, J.) Order Date :- 16.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad