Neutral Citation No. - 2025:AHC:108527 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18110 of 2025 Applicant :- Puneet Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jitendra Pratap Gautam Counsel for Opposite Party :- G.A.,Saif Ali Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Jitendra Pratap Gautam, learned counsel for the applicant, Sri Saif Ali, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel 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- Puneet, seeking enlargement on bail during trial in connection with Case Crime No. 54 of 2025, under Sections 137(2), 64(1) B.N.S. and Section 3/4 POCSO Act, Police Station Chhatari, District Bulandshahr. 4. The first information report of the present matter was lodged on 05.02.2025 by Sonu against the applicant alleging therein that his sister aged about 16 years was alone in the house. On 29.01.2025 the applicant lured and enticed her away. Her whereabouts are not known. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major girl. It is submitted that the victim has given contradictory version regarding her age in as much as in her statement recorded under Section 180 B.N.S.S. she has stated herself to be about 16 years of age whereas in her statement recorded under Section 183 B.N.S.S. she has stated herself to be about 18 years of age. It is submitted that looking to the age as disclosed by the victim in her statement recorded under Section 183 B.N.S.S. she is a major. It is submitted that the victim in her statements recorded during investigation has stated of the applicant establishing physical relationship with her. She states that since her parents used to beat her she went with the applicant to Delhi. She was having love relationship with the applicant. While placing paragraph 18 of the affidavit it is submitted that the Investigating Officer has added Section 64(1) B.N.S. and Section 3/4 POCSO Act. While placing paragraph 19 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 23 and is in jail since 11.02.2025. 6. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that as per the school records the date of birth of the victim is 01.01.2009 and as such she was aged about 16 years at the time of incident. It is submitted that the age of the victim in the school records would prevail and the same would go to show that she is a minor. It is submitted that the consent of a minor cannot be looked into. It is submitted that the victim has named the applicant and has stated of the applicant taking her and establishing physical relationship with her and thus the applicant is involved in the matter. 7. After having heard learned counsel for the parties and perusing the record, it is evident that as per the school records the victim is aged about 16 years. The applicant is named in the first information report and in the statements of the victim recorded during investigation. In the statements of the victim there are allegations of physical relationship being established by the applicant. The victim is a minor. The consent of a 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