CRIMINAL MISC. BAIL APPLICATION No. 29298 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:94045 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29298 of 2024 Applicant :- Saleem Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Sarve Nazir,Zafar Abbas Counsel for Opposite Party :- Adil Jamal,G.A.,Shabeh Jamal Hon'ble Siddharth,J. Heard learned counsel for the applicant; Sri Abdul Saleem Ahmad, Advocate holding brief of Sri Adil Jamal, learned counsel for the informant and learned A.G.A for the State. There are allegations against the applicant of abduction of minor girl with intent to marry, commission of offences of rape and penetrative sexual assault and implication under Section SC/ST Act has also been made. Counsel for the applicant submits that the victim is aged about 17 years. From her statement recorded under Section 164 Cr.P.C., it appears that she was a consenting party and willingly eloped with the applicant and was involved in a voluntary physical relationship. The applicant is in jail since 10.03.2024 and has no criminal history to his credit. On the other hand learned A.G.A has opposed the prayer for bail. This court had to consider whether the implication under POCSO Act would be justified whe