HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31826 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Vakalatnama filed by Sri Rahul Singh Rajpoot, Advocate on behalf of the first informant is taken on record. 3. Heard Sri Prem Shankar, Advocate holding brief of Sri Dileep Kumar Singh, learned counsel for the applicant, Sri Rahul Singh Rajpoot, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Kallu @ Bhawanideen, seeking enlargement on bail during trial in connection with Case Crime No. 29 of 2025, under Section 64, 87, 351(3), 137(2) B.N.S. and Section 4(2) POCSO Act, Police Station Rath, District Hamirpur. 5. The first information report of the present matter was lodged on 23.01.2025 by Devendra Rajpoot against the applicant alleging therein that on 22.01.2025 at about 11.30 pm his daughter aged about 15 years was lured and enticed away by Kallu (the present applicant). A report be lodged and action be taken. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim during investigation has stated that she was in love with the applicant since the last one year and had gone with him out of her own sweet-will and physical relationship was established between Versus Counsel for Applicant(s) : Dileep Kumar Singh, Rohit Kumar Counsel for Opposite Party(s) : G.A. Kallu @ Bhawanideen .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) them with consent. It is submitted that the victim has even stated that she and the applicant have married each other. It is submitted that the same would go to show that the present case is a case of consent. It is submitted that the victim travelled to various places with the applicant but did not raise any objection or resentment. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. was asked by the Investigating Officer as to whether anyone else has sexually abused her to which she stated that she established physical relationship with the applicant only with her consent. The applicant has no criminal history as stated in para 20 and is in jail since 30.01.2025. 7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the victim is a minor girl as her date of birth is 20.02.2010 as per the school records. It is submitted that since the victim is a minor her consent cannot be looked into at this stage. It is submitted that there is an allegation against the applicant of committing sexual relationship with the victim and since the victim is a minor the same is illegal. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim as per the school records is a minor girl. The applicant is named in the first information report and also in the statements of the victim recorded during investigation. There is an allegation against the applicant of taking the victim with him and establishing physical relationship with her. The consent of a minor is of no worth. No ground for bail exists. 9. 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. 10. Pending application (s), if any, shall stand disposed of. September 17, 2025 AS Rathore BAIL No. 31826 of 2025 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad