Neutral Citation No. - 2025:AHC:85553 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15457 of 2025 Applicant :- Vishal Gaond Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajat Gupta,Sriram Dhar Dubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned State Law Officer has informed that notice to the informant has been served on 7.5.2025. 3. Heard Sri Sriram Dhar Dubey, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Special Session Trial No.338 of 2025, arising out of Case Crime No.10 of 2025, under Sections 137(2), 65(2), 351(3) B.N.S. and 5(L)(M)/6 POCSO Act, Police Station- Brijmanganj, District- Maharajganj, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the victim on 10.1.2025 at about 12:00 p.m. 6. 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. The FIR is delayed by about nine hours and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that it is true that victim is minor but her consent can be drawn from the fact that she had gone with the applicant on his motorcycle and had not raised any alarm whatsoever. As per the ossification test report also her age has come out to be 14 years. The applicant himself is a youth 19 years old. 8. It is further argued by learned counsel for the applicant that the matter of consensual relationship between two adolescents has been converted into criminal one by the informant. There is no injury observed by the doctor conducting medical examination of the victim. Learned counsel has stated that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 3.2.2025 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. Learned State Law Officer has vehemently opposed the bail application. 10. The 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, the evidence on record, taking into consideration the circumstances as narrated by the victim in her statement recorded U/s 183 B.N.S.S. coupled by the fact that there is no medical corroboration of the incident, 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. 12. Let the applicant- Vishal Gaond, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall 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/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad