Neutral Citation No. - 2025:AHC:125353 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23279 of 2025 Applicant :- Moh Shah Opposite Party :- State Of U.P. Though It Principal Secretary (Home) And 3 Others Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- Amit Daga,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Atul Kumar, learned counsel for the applicant, Sri Amit Daga, learned counsel for the first informant / opposite party no. 2 and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant - Moh Shah, seeking enlargement on bail during trial in connection with Case Crime No. 174 of 2025, under Sections 137(2), 87, 65(1) B.N.S. and Section 3/4(2) Protection of Children From Sexual Offence, 2012, Police Station Budhana, District Muzaffar Nagar. 4. The first information report of the matter was lodged on 27.04.2025 by Lokendra Singh against the applicant and three other persons alleging therein that his daughter used to be called on her phone by the accused persons. The other accused persons helped her to run away with applicant Mohd. Shah. Her date of birth is 19.04.2010. While running away she has taken Rs.4,50,000/- with her which was kept in the house for construction of a temple. The incident of 4:00 a.m. on 27.04.2020. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the statements of the victim recorded under Sections 180 and 183 of the B.N.S.S. goes to show that she was in a relationship with the applicant, went with him on her own free will and they solemnized marriage and established physical relations, they were living as husband and wife. It is submitted that the same goes to show that victim is a consenting party. It is submitted that the applicant has no criminal history as stated in para 17 of the affidavit and is in jail since 05.05.2025. 6. Per contra, learned counsel for the first informant as well as learned counsel for the State vehemently opposed the prayer for bail and submitted that the date of birth of the victim, as per school records, is 19.04.2010 and as such, she was aged about 15 years old at the time of the incident. It is submitted that since the applicant is named in the F.I.R. and in the statements of the victim recorded during the investigation and there is an allegation of him taking her away and establishing a physical relationship, the same makes an offence looking to the fact that the victim is a minor. It is further submitted that the prayer for bail be thus rejected. 7. After hearing the learned counsels for the parties and perusing the records, it is evident that the applicant is named in the F.I.R. and in the statements of the victim recorded during the investigation. As per the school record, the date of birth of the victim is 19.04.2020, thus, she was about 15 years old at the time of the incident and is a minor. Hence, the consent of a minor is of no worth. No ground for bail is made out. 8. Accordingly the present bail application is rejected. Order Date :- 29.7.2025 Manoj / E-file (Samit Gopal,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad