Dismissed¶15

Abu Jaifa Alias Zaif Khan v. State of U.P. and 3 Others

Allahabad HC20 Jun 2025BAIL/21228/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Samit Gopal J., 22.7.2025, Neutral Citation 2025:AHC:119289, Criminal Misc. Bail Application No. 21228 of 2025, rejected/dismissed. Keywords: bail rejected during trial; POCSO Act 3/4; BNS Sections 87, 137(2), 64; BNSS Section 483; age determination of victim - High School Marksheet date of birth 04.08.2008 prevails over CMO opinion of about 18 years; consent of a minor is of no worth; enticement/allurement of 16-year-old; Case Crime No. 50 of 2025, P.S. Bakewar, District Etawah; FIR dated 07.3.2025 by Kuldeep; charge sheet dated 30.5.2025; applicant in jail since 10.4.2025.

What did the court decide?

The victim is a minor; since her High School Marksheet is available, the date of birth recorded therein shall prevail (over the C.M.O.'s reported opinion of about 18 years of age). ¶13

Abu Jaifa Alias Zaif Khan vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:119289

¶2

Court No. - 64

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21228 of 2025

¶4

Applicant :- Abu Jaifa Alias Zaif Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.

¶5

Hon'ble Samit Gopal,J.

¶6

1. List revised.

¶7

Heard Sri Raj Kumar Mishra, learned counsel for the applicant, Ms. Maryam Azami, learned Panel Lawyer of High Court Legal Services Committee/opposite party no. 3 & opposite party no. 4/first informant, who has filed vakalantama today in Court which is taken on record, Sri Bade Lal Bind, learned A.G.A. for the State and perused the material on record.

¶8

This bail application under Section 483 of B.N.S.S. has been filed by the applicant Abu Jaifa Alias Zaif Khan, seeking enlargement on bail during trial in connection with Case Crime No. 50 of 2025, under Sections 87, 137(2), 64 Bhartiya Nayaya Sanhita and 3/4 POCSO Act, registered at P.S. Bakewar, DistrictEtawah.

¶9

The F.I.R. of the matter was lodged on 07.3.2025 by Kuldeep against unknown person, under Section 87 B.N.S., 2023, alleging therein that his sister aged about 16 years is a student of BSc Ist year. She has been allured and enticed away by some unknown person on 04.3.2025 at about 1:00 p.m. She has mobile on which she used to talk with that person. A report be lodged and action be taken.

¶10

Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the applicant and the victim were in love with each other. It is submitted that the victim in her statement recorded during investigation states to have gone with the applicant out of her own sweet will and established physical relationship with him and as such the same would go to show that she was a consenting party. It is submitted that as per the report of concerned C.M.O., the victim

¶11

has been opined about 18 years of age. It is further submitted that investigation in the matter has concluded and a charge sheet has been submitted against the applicant on 30.5.2025, para-10 and annexure no. S.A.-8 to the supplementary affidavit dated 15.6.2025 have been placed for the same. It is submitted that the applicant is having no criminal history as stated in para-18 of the affidavit and is in jail since 10.4.2025.

¶12

Per contra, learned AGA and learned Panel Lawyer of High Court Legal Services Committee opposed the prayer for bail and submitted that as per High School Marksheet of the victim, she is having her date of birth 04.08.2008 and as such she is aged about 16 years and minor. It is submitted that there are allegations against the applicant of taking the victim away and keeping her with him and establishing physical relationship with her. It is submitted that consent of a minor cannot be looked into and is of no worth.

¶13

After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a minor as per date of birth recorded in her High School Marksheet. Since High School Marksheet is available, the date of birth recorded therein shall prevail. There are allegations against the applicant of taking away the victim and keeping her with him and establishing physical relationship. Consent of a minor is of no worth.

¶14

Looking into the facts and circumstances of the case as well as nature and gravity of the offence no case for bail in favour of the applicant is made out.

¶15

The bail application is, accordingly, rejected.

¶16

(Samit Gopal,J.)

¶17

Order Date :- 22.7.2025 Naresh

¶18

Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Abu Jaifa Alias Zaif Khan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Abu Jaifa Alias Zaif Khan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ajay vs State of U.P. and 3 Others

Mukesh Kumar Yadav vs State of U.P. and 3 Others

Sahil Alias Sohail Khan vs State of U.P. and 3 Others

Shiva Kant Alias Shiva vs State of U.P. and 3 Others

Rahul Kannaujia vs State of U.P. and 3 Others

Gaurav vs State of U.P. and 3 Others