Neutral Citation No. - 2025:AHC:108554 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18151 of 2025 Applicant :- Pratyush Patel Opposite Party :- State Of U.P .And 3 Others Counsel for Applicant :- Pratibha Jaiswal Counsel for Opposite Party :- G.A.,Rajesh Kumar Sharma,Shobh Nath Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Ms. Pratibha Jaiswal, learned counsel for the applicant, Sri Rajesh Kumar Sharma, learned counsel for the first informant and 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., 2023 has been filed by the applicant- Pratyush Patel, seeking enlargement on bail during trial in connection with Case Crime No. 25 of 2025, under Sections 137(2), 87, 64(1) B.N.S. and Section 3/4 POCSO Act, Police Station Jamalpur, District Mirzapur. 4. The first information report of the present matter was lodged on 23.02.2025 by Deepak Sharma against the applicant and Ashish Patel alleging therein that on 22.02.2025 at about 11.30 pm his daughter aged about 14 years was lured and enticed away by Pratyush Patel the applicant. In the morning he went to his house to ask about his daughter where Ashish Patel his father abused him and threatened him of life. She was searched a lot but could not be traced. A report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. has stated that she likes the applicant and went with him to Allahabad by bus on 22.02.2025. They then stayed in a camp at Sangam but no physical relationship was established between them. After roaming about they were returning back on which they were apprehended by the police. It is submitted that in her statement recorded under Section 183 B.N.S.S. she states of the same as that in her statement recorded under Section 180 B.N.S.S. but further states that physical relationship was established between her and the applicant. She states that she went with the applicant out of her own sweet-will. It is submitted that as such the present case is a case of consent. It is submitted that in the medical examination the doctor did not find any injury in her private parts or any part of the body. It is submitted that the victim went with the applicant out of her own sweet- will, stayed with him after travelling to various places and physical relationship between them was with consent. The applicant has no criminal history as stated in para 15 and is in jail since 15.04.2025. 6. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail. Learned counsel for the State submitted that as per Annexure-4 to the supplementary affidavit dated 18.05.2025 the date of birth of the victim as per the High School mark-sheet of the year 2023 is 24.05.2008 and as such she was aged about 16 years & 09 months at the time of incident. It is submitted that the victim is a minor girl. It is submitted that the victim is a minor girl and the case as narrated by her is of going with the applicant and further establishing physical relationship with him is an offence. It is submitted that the consent of a minor cannot be looked into and considered. 7. After having heard learned counsel for the parties and perusing the record, it is evident that as per the certificate cum mark-sheet of High School and Intermediate Education, U.P. the date of birth of the victim is 24.05.2008. She was thus aged about 16 years & 09 months at the time of incident. She is a minor. The consent of minor is of no worth. No ground for bail is made out. 8. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 9. Pending application (s), if any, shall stand disposed of. Order Date :- 9.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad