Neutral Citation No. - 2025:AHC:118923 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18284 of 2025 Applicant :- Praveen Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Aishwarya Pratap Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Aishwarya Pratap Singh, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. Counter affidavit of the State is already on record. 4. Learned counsel for the applicant submits that he does not propose to file any rejoinder affidavit to the same. 5. Vide order dated 05.06.2025 notice was issued to the opposite party no.4 / informant. As per the office report dated 21.07.2025 a report regarding service of notice has been received. The report dated 24.06.2025 of the Chief Judicial Magistrate, Azamgarh is on record which states that notice has been served on the opposite party no.4. Despite service of notice, no one appears on behalf of the opposite party no.4 / informant. 6. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Praveen Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 64 of 2025, under Section 137(2), 87, 64(1) B.N.S. and Section 3/4 POCSO Act, Police Station Tahabarpur, District Azamgarh. 7. The first information report of the present matter was lodged on 22.03.2025 by Smt. Sushila Devi against an unknown person alleging therein that her daughter aged about 17 years after giving exam of class-12th came back home. Subsequently after eight days in the evening on 20.03.2025 at about 7 pm she went out of the house but did not return back. She was searched but could not be traced. 8. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is not named in the first information report. While placing paragraph 09 of the affidavit it is submitted that the victim and the applicant were in love relationship and wanted to marry each other but since the parents of the victim were against the relationship therefore the victim fled from the house with the applicant out of her own sweet-will without any threat or pressure from the applicant. It is submitted that the investigation in the matter has concluded and a charge-sheet has been submitted on 19.04.2025, paragraph 16 has been placed before the Court. The applicant has no criminal history as stated in para 19 and is in jail since 23.03.2025. 9. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the victim is a minor girl and as per her date of birth as recorded in the High School mark-sheet the same is 09.06.2008. It is submitted that the copy of High School mark-sheet is at page 38 of the paper-book and annexed as Annexure-5 to the affidavit. It is submitted that the victim is a minor, her consent cannot be looked into. 10. After having heard learned counsel for the parties and perusing the record, it is evident that although the applicant is not named in the first information report but his implication has surfaced in the matter in the statements of the victim recorded during investigation. The victim although states of going with the applicant out of her own sweet-will but also states of marrying the applicant and physical relationship being established between them. The date of birth of the victim as per High School mark-sheet goes to show that she is a minor. The present case is pleaded as a case of consent. The consent of a minor is of no worth. No ground for bail is made out. 11. 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. 12. Pending application (s), if any, shall stand disposed of. Order Date :- 22.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad