Neutral Citation No. - 2025:AHC:81005 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10512 of 2025 Applicant :- Chhotu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Babu Lal Ram,Rachana Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Compliance affidavit filed by learned A.G.A. is taken on record. 3. As informed by learned A.G.A., notice has been served to the informant on 2.4.2025. 4. Heard Sri Babu Lal Ram, learned counsel for the applicant as well as Sri A.K. Mishra, learned A.G.A. for the State and perused the material placed on record. 5. Applicant seeks bail in Case Crime No. 331 of 2024, U/S 137(2), 87, 351(4), 64(1) B.N.S., 2023 and 3/4 POCSO Act, Police Station Rura, District Kanpur Dehat, during the pendency of trial. PROSECUTION STORY: 6. The applicant is stated to have enticed away the minor daughter of the informant aged about 16 years on 25.9.2024. ARGUMENTS ON BEHALF OF THE APPLICANT: 7. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has nothing to do with the said offence. 8. The FIR is delayed by two days and there is no explanation of the said delay caused. 9. The victim, by her looks, seems to be major, although, as per Class 8th certificate, her date of birth is 11.7.2008, as such, her age comes out to be a bit more than 16 years. The applicant himself is a youth aged about 18 years. 10. The victim is the consenting party, as is evident from her statement recorded u/s 183 B.N.S.S., whereby she had gone with the applicant and stayed at the Railway Station for seven days and did not raise any alarm, whatsoever. The statement of the victim u/s 183 B.N.S.S. has been recorded on 5.10.2024 and the victim has stated that she was pregnant by about four months. The said pregnancy does not match with the date of her elopement. The pregnancy of the victim has been terminated at the behest of her parents. 11. There is no criminal history of the applicant. The applicant is languishing in jail since 4.10.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF INFORMANT/STATE: 12. The bail application has been opposed but the fact that there is no criminal history of the applicant has not been disputed. CONCLUSION: 13. In the case of P. Yuvaprakash vs. State Rep. by Inspector of Police, AIR 2023 SC 3525, the Supreme Court has observed that in the absence of records relating to the birth of the victim, no other documents except the Matriculation or equivalent certificate from the concerned examination board or certificate by a corporation, municipal authority or a Panchayat can be relied upon to ascertain the age of the victim. 14. POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays more often than not it has become a tool for their exploitation. The Act was never meant to criminalize consensual romantic relationships between adolescents. However, this has to be seen from the facts and circumstances of each case. 15. The fact of consensual relationship borne out of love should be of consideration while granting bail because it would amount to perversity of justice if the statement of victim was ignored and accused was left to suffer behind jail. 16. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 17. Let the applicant- Chhotu involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 18. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 19. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 16.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad