Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 54722 (ALL)

SHEELU v. STATE OF U.P. AND 3 OTHERS

BAIL/15519/2025 · 2025-07-07

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:107645 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15519 of 2025 Applicant :- Sheelu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Shankar Counsel for Opposite Party :- G.A.,Mukesh Kumar Pandey Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Krishna Shankar, learned counsel for the applicant, Sri Mukesh Kumar Pandey, learned counsel for the first informant/opposite party no. 2, Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Sheelu, seeking enlargement on bail during trial in connection with Case Crime No. 132 of 2025, under Sections 137(2), 87, 64 B.N.S. and under Section 3/4 POCSO Act, registered at P.S. Auraiya, District- Auraiya. 4. The F.I.R. of the matter was lodged on 16.2.2025 by Santosh Kumar against the applicant alleging therein that his daughter aged about 16 years has been allured and enticed away by the applicant on 12.2.2025. Even previously he had enticed her away of which a case being Case Crime No. 353/2022, under Sections 363, 366 I.P.C. was lodged which was after interference of people of the society had ended in settlement. 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 submitted that the victim during investigation has stated that she went with the applicant out of her own sweet will to marry him. It is submitted that the victim was produced before the doctor but she refused her medical examination. It is submitted that the victim has not stated of any wrong act with her or that she has been sexually assaulted during investigation. It is submitted that the applicant has no criminal history as stated in para no.21 and is in jail since 06.3.2025. 6. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail and argued that the victim is aged about 16 years and 09 months as per school records and as such is a minor girl. It is further submitted that consent of a minor cannot be looked into and there are allegations against the applicant in the F.I.R. It is prayed that the prayer for bail be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is aged about 16 years and 09 months as per school records. She is thus a minor girl and consent of a minor is of no worth. 8. 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. 10. The bail application is, accordingly, rejected. (Samit Gopal,J.) Order Date :- 8.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad