CRIMINAL MISC. BAIL APPLICATION No. 36518 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:92910 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36518 of 2024 Applicant :- Rahul Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jag Narayan,Rekha Sharma Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard Ms. Rekha Sharma, learned counsel for the applicant and learned A.G.A for the State. There are allegations against the applicant of abduction of victim, commission of offences of rape and penetrative sexual assault. Counsel for the applicant has pointed out to the statement of victim recorded under Section 164 Cr.P.C wherefrom it is clear that neither she has made any allegation of rape nor abduction against the applicant. The applicant is in jail since 11.05.2024 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 where the victim appears of have consented to her relationship with an accused despite being minor in the case of Atul Mishra vs. State of U.P and 3 others in Criminal Misc. Bail Application No. 53947 of 2021. The relevant paragraphs nos. 11 to 14