Bail may be granted in abduction cases where the victim's statement under Section 183 BNSS indicates a voluntary departure and marriage, provided no charges under the POCSO Act are applicable in the specific case.

1. Heard, the Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record.

2. Supplementary affidavit filed by the Learned counsel for the applicant today in Court, is taken on the record.

3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.171 of 2025, under Sections 137(2), 87 B.N.S., Police Station- Chaubepur, District- Kanpur Nagar.

4. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The Learned counsel for the applicant contends that the applicant and the victim were in a consensual relationship and they are now married and are husband and wife. He further contends that earlier also the victim had eloped with the applicant as she was being harassed by her family members, for which a First Information Report being Case Crime No.65 of 2025, under Sections 87 & 137(2) BNS, was registered against the applicant. The applicant is currently seeking his bail in the said case and his bail application is pending consideration of this Court being Criminal Misc. Bail Application No.9498 of 2026. The Learned counsel for the applicant contends that the earlier case was converted to one under the POCSO Act as the victim, at the relevant point of time, was stated to be minor. The victim again is stated to have been abducted by the applicant in the present case. However, the applicant never abducted the victim and the victim, who is major has married with the applicant of her own sweet will and choice and the said marriage has also been registered. The Learned counsel for the applicant further contends that in the present case, the statement under Section 183 BNSS has been recorded, in which the victim has categorically stated that she had left her home after being fed up with her family members and had married with the applicant. She claims to be aged about 17 years and 6 months, at the time of her statement recorded under Section 183 BNSS, which fact is disputed by the Learned counsel for the applicant claiming that the victim is major. Even otherwise, the Learned counsel for the applicant contends that the statement of the victim recorded under Section 183 BNSS does not make out any offence against the applicant. The applicant has not been charged for the offence under the POCSO Act and he is in jail since 6.8.2025.

5. The Learned A.G.A. has opposed the prayer for grant of bail and has contended that the applicant has repeatedly abducted the victim, who is a minor. Claiming that the applicant had married a minor would not affect the prosecution version. The marriage itself would be deemed to be void as the victim was taken out of the custody of her legal guardians at the time of marriage.

6. I have considered the submissions made by the Learned counsels for the parties and perused the record.

7. It appears from the perusal of the material on record that the victim has run away twice with the applicant, for which different cases have been registered. In the present case, the statement of the victim recorded under Section 183 BNSS clearly indicates that she had left her home being fed up with her family members. She stated to have married with the applicant on her own free will and choice. The applicant is not being prosecuted in the present case for any offence under the POCSO Act. The applicant stated to be in jail since 6.8.2025 having a criminal history of one other case being a case under the Excise Act, in which he is on bail.

8. Taking into account all the facts and circumsta