High Court · 2025

Mr. Am it Kapri, learned counsel for t he applicant .

2. Mr. Tum ul K. Nainwal, learned A.G.A. for t he St at e. j udicial cust ody

3. The applicant – Suhail Husain @ Seebu, who connect ion wit h FI R/ Case Crim e No. 10 of 2024, under Sect ions 376, 452, 323 I PC, Sect ion 140( 3) of BNS and Sect ion 5/ 6 of POCSO Act , regist ered at P.S.- Baluwakot , Dist rict Pit horagarh, has sought his release on bail. t he t his case, a m issing report was I n 4. lodged by t he vict im on fat her of 06.08.2024 at 20: 06 hours, wherein, it was alleged t hat his m inor daught er went t o Pit horagarh on 04.08.2024, but , she is not now t raceable and he is apprehending t hat som e m ishap could occur wit h her. The vict im was recovered on t he next day i.e. on st at em ent s 07.08.2024. Thereaft er her under sect ion 161 Cr.P.C. were recorded. She was m edically exam ined on 08.08.2024, t he in her st at em ent given wherein, doct or, she has alleged t hat t he accused and t he vict im m ade physical relat ionship t hree- four t im es and t he accused used t o t hreat en her. Thereaft er, her st at em ent s under Sect ions 161 Cr.P.C. and 164 Cr.P.C. were recorded in which she has st at ed t hat t he accused and t he vict im were in love wit h t o t his relat ionship, each ot her for t he last t wo- t hree years and t hey m ade physical relat ionship physical The relat ionship was m ade in t he m ont h of June, 2024 and t his physical relat ionship was m ade in t he house of t he vict im . also.

5. Heard learned counsel for t he part ies and perused t he records. t he applicant 6. Learned counsel would subm it t hat since t he applicant and t he vict im belong t o different com m unit ies, due t o t he pressure of t he societ y, t his FI R has been relat ionship and even as per t he st at em ent of t he vict im , t he last physical relat ionship was m ade in t he m ont h of June, 2024 while m issing report was lodged on 06.08.2024. t hey were lodged;

7. Per cont ra, learned St at e Counsel vehem ent ly opposed t he bail applicat ion and would subm it t hat t he offence alleged is of a grave and heinous nat ure. I n rebut t al, learned counsel for t he 8. applicant would subm it t hat t he relat ionship bet ween t he applicant and t he vict im was a consensual and t hat t he applicant was 24 year of age and t he vict im was above 16 years of age at t he t im e of incident . I nsofar as

9. t he offences punishable under Sect ion 5( l) / 6 of Prot ect ion of Children from Sexual Offences Act , 2012 are concerned, it is pert inent t o observe t hat alt hough t he provisions of t he said st at ut e are st ringent in nat ure, such rigour does not it s preclude discret ionary j urisdict ion t o grant or refuse bail, where t he fact s and circum st ances of from exercising t he Court t he case so warrant , in order t o secure t he ends of j ust ice. hom e accom panied t he prosecut rix

10. The m at erial on record indicat es t hat left her t he prosecut rix had volunt arily parent al t he applicant of her own volit ion. I t is, no doubt , t rue t hat under t he purview of t he POCSO legally a m inor; Act , t he present case however, reveal t hat she was possessed of sufficient underst anding, m at urit y, and discernm ent t o com prehend t he nat ure and consequences of her act ions, and t hat she had volunt arily j oined t he com pany of t he applicant . fact s of t he I t

11. is well set t led by a cat ena of decisions of t he Hon’ble Suprem e Court as well as various High Court s t hat , in cases involving young offenders and consensual relat ionships bet ween adolescent s, a liberal approach m ay be warrant ed at t he st age of bail, so as t o prevent t he regressive and prolonged adverse incarcerat ion and t o furt her t he principle of best int erest of bot h t he part ies involved. influences t he t he considered 12. Having fact s and subm issions and under case and also t he circum st ances of considering t he apparent consensual nat ure of t he relat ionship bet ween t he applicant and t he vict im , t his Court is of t he view t hat it is a case fit for bail and t he applicant deserves t o be enlarged on bail.

13. Accordingly, applicat ion is allowed. t he present

14. Let t he applicant be released on bail on his execut ing a personal bond and furnishing reliable suret ies each of t wo am ount , t o t he sat isfact ion of t he court concerned. t he Uj j wal ( A l o k M a h r a J.) 04.12.2025