IMPORTANT POINT
The judgment establishes that in cases involving consensual relationships among adolescents, particularly under the POCSO Act, courts must carefully evaluate the context and the victim's autonomy while ensuring that the application of the law does not lead to unjust outcomes.

JUDGMENT :

KRISHAN PAHAL, J.

1. List has been revised.

2. Learned A.G.A. has informed that notice to the informant has been served on 10.5.2024.

3. Heard Sri Manvendra Kumar, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State and perused the record.

4. Applicant seeks bail in Case Crime No. 205 of 2023, under Sections 363, 366, 376 I.P.C. and 5(J)2/6 POCSO Act, Police Station-Barahaj, District- Deoria, during the pendency of trial.

PROSECUTION STORY:

5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant on 13.6.2023 at about 04:00 p.m.

RIVAL CONTENTIONS:

(Arguments on behalf of applicant)

6. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about four days and there is no proper explanation of the said delay caused. The victim is a consenting party which is but evident from her statement recorded under Section 164 Cr.P.C. and as per her own statement she was 18 years old.

7. It is further argued that the victim did not raise any alarm during the said sojourn to Deoria and thereupon to Surat, Gujarat which categorically indicates her consent. It is further argued that the victim and applicant were madly in love with each other and out of fear of their parents had eloped and solemnized their marriage at a temple which is not registered. The applicant and the victim belong to the same village and were neighbours. The victim was pregnant by six months at that time and is stated to have given birth to a female child about four months back. He further argued that the applicant proposes to rear his child as he is the father and he is very much willing to keep his married wife and the newborn baby with him.

8. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 5.1.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.

(Arguments on behalf of State/Opposite party)

9. Per contra, learned A.G.A. has vehemently opposed the bail application but has not disputed the fact that out of the said union of the couple, a baby girl was born and she is more than four months old at present, who is being taken care of by the parents of the victim, although he has not disputed the fact that the applicant has no criminal history.

CONCLUSION:

10. Admittedly, the age of the victim is 18 years as per the ossification test report. The Supreme Court in Jaya Mala vs. State of J&K, (1982) 2 SCC 538 and Mohd. Imran Khan vs. State (Govt. of NCT of Delhi), (2011) 10 SCC 192 has been opined that the radiologist cannot predict the correct date of birth rather there is a long margin of 1 to 2 years on either side.

11. The well-known principle of “Presumption of Innocence Unless Proven Guilty” gives rise to the concept of bail as a rule and imprisonment as an exception. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because he or she is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC Online SC 825. Learned AGA has not shown any exceptional circumstances which would warrant denial of bail to the applicant.

12. It is settled principle of law that the object of bail is to secure the attendance of the accused at t