Neutral Citation No. - 2025:AHC:86027 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11637 of 2025 Applicant :- Avnish Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kavita Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 25.03.2025 but none is present on behalf of the informant. 2. Heard Smt. Kavita Srivastava, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 205 of 2024, under Sections 137(2), 87, 65 of BNS and Sections 5/6 of POCSO Act, Police Station - Sarpatha, District - Jaunpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 05 days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as she had gone with the applicant to several places with different modes of communication, like scooty, bus and train. She had stayed with the applicant for about seven months and has not raised any alarm whatsoever during the said sojourn and stayed there. She is stated to have stayed at Kanpur Railway Station for one night, as such, she is the consenting party. 7. Learned counsel has further stated that the victim by her looks seems to be major although as per ossification test report, her age has come out to be 15 years. The applicant himself is a youth aged about 19 years old. 8. Learned counsel has next stated that a case of consensual relationship between the two adolescents has been converted into criminal case. There is no criminal history of the applicant. The applicant is languishing in jail since 09.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 10. POCSO Act 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 criminalise consensual romantic relationships between adolescents. However, this has to be seen from the facts and circumstances of each case. 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. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay of five days in lodging the FIR and also considering the fact that the victim has travelled with the applicant to several places and stayed with him but has not raised any alarm whatsoever which indicates towards her consent, I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Avnish Yadav, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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:- 21.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad