HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33513 of 2024 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Pradeep Kumar Yadav, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Vimal , seeking enlargement on bail during trial in connection with Case Crime No.222 of 2022, u/s 363, 366, 376 IPC and 5/6 POCSO Act, P.S. Kotwali, District Mainpuri. 4. This is a second bail application. The first bail application of the applicant was dismissed for want of prosecution vide order dated 26.9.2023 passed by this Court passed in Criminal Misc. Bail Application No.10210 of 2023. 5. The FIR of the matter was lodged on 12.4.2022 by Santosh Kumar against the applicant alleging therein that on 10.4.2022 at about 9 a.m., his three daughters being victim "A" aged about 18 years, victim "B" aged about 17 years and victim "C" aged about 14 years went for Sheetala Mata temple but did not return back till late night. They were searched but could not be traced. He came to know that Vimal Kashyap (applicant) who was the friend of his son Rahul Gupta and was living since the last 2-3 years on a rented room near his house, has lured and enticed them away. On calling his mobile phone, he stated of telling him later after which his mobile is switched-off. A report be lodged and action be taken. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that three victim girls were Versus Counsel for Applicant(s) : Pradeep Kumar Yadav Counsel for Opposite Party(s) : G.A. Vimal .....Applicant(s) State Of Up And 3 Others .....Opposite Party(s) recovered and their statements were recorded during investigation in which the victim girl "B" stated of going with the applicant, solemnizing marriage with him and living together as husband and wife. She is carrying a pregnancy of about one month. She loves the applicant. In so far as other two victim girls being victim no."A" and victim no."C" are concerned, they have stated of going with two other accused namely Salman and Irfan on some discussion of marriage. It is argued that the victim went with the applicant out of her own sweet-will. The victim was carrying pregnancy also. It is further submitted that three victim girls went from their house out of their own and since they had some discussion with the accused persons, they went with the respective boys for marriage. It has also been pointed out that the applicant is not having any criminal history as stated in para 26 of the affidavit and is in jail since 22.4.2022. 7. Per contra learned counsel for the State vehemently opposed the prayer for bail and argued that as per the certificate of the C.M.O concerned, the victim "B" was opined to be aged about 14 years and thus she is a minor. The victim was the girl who had stated of going with the applicant. Even the school records of the said victim shows her date of birth as 8.11.2011 and thus she is a minor. It is further submitted that consent of a minor is of no worth. The victim has stated of going with the applicant, living as his wife and is also stated to have pregnancy which shows sexual assault. The bail application of the applicant be rejected. 8. After hearing the counsel for the parties and perusing the record, it is evident that this is a second bail application. The first bail application was dismissed for want of prosecution by this Court. The victims who are three daughters of the first informant, had run away from the house. Out of the said three victims, one states of going with the applicant, solemnizing marriage and living together as husband and wife. She was opined to be aged about 14 years. The consent of a minor is of no worth. 9. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. September 10, 2025/Gaurav Kuls BAIL No. 33513 of 2024 2 (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad